Last month, two men got into an altercation over a parking spot in Castaic during which one of the men allegedly pointed a firearm at the other. Yesterday, deputies from the Santa Clarita Sheriff Station located and arrested the suspect in Castaic. His charges include assault with a deadly weapon, as well as possession, since he had heroine and methamphetamine on his person at the time of his arrest.
The suspect was taken to the Santa Clarita Sheriff Station to undergo booking and processing and was being held in lieu of $50,000 bail.
Assault with a deadly weapon is covered under California Penal Code 245(a)(1)PC and is charged in one of two circumstances. The first is when someone commits and assault with an item that qualifies as a “deadly weapon” OR when someone commits an assault with such force as it is likely to produce great bodily injury.
According to California law, a “deadly weapon” is described as: any object, instrument, or weapon, which is used in a manner that makes it capable of producing – and likely to produce – death or great bodily injury. Under this definition, almost anything can constitute a “deadly weapon.” Some examples of “deadly weapons” used in prior cases include: a pencil, a BB gun, a dog (if the dog is trained to attack on command), and a drinking glass.
Under PC 245(a)(1), hands and feet are not considered “deadly weapons” because they are a part of someone’s body. However, while hands and feet are not specifically listed as “deadly weapons” under the law, it is possible to be charged with assault with a “deadly weapon” if the defendant attempts to strike someone with their hands or feet with enough force to produce great bodily harm.
The penalties for the crime depend a lot on the circumstances of the case. If charged as a misdemeanor, the penalty includes up to 1 year in county jail. However, felony charges include 2 to 4 years in California state prison, and more if the weapon involved was a firearm.
