A Newhall man was recently arrested under suspicion of assault with a deadly weapon after he hit a neighbor with a table leg during a dispute. According to reports, deputies responded to a call around 1 pm on Friday, October 11th on Vasquez Road in Canyon Country. Upon their arrival, deputies observed the suspect and the victim engaged in a heated verbal exchange which quickly became physical when the suspect hit the victim with a wooden table leg.
Paramedics were called to the scene and, after providing preliminary treatment upon their arrival, ended up taking the victim to the hospital with what they believed was a broken arm. The suspect, M. Collins, 25, was arrested by deputies and taken to the Santa Clarita Valley Sheriff Station where he was being held without bail.
Assault with a deadly weapon is covered under California Penal Code 245(a)(1) PC and is described as an “assault” that is committed via the use of a so-called “deadly weapon” OR by means of force likely to produce great bodily injury. For the purpose of being thorough, an “assault” is described as an unlawful attempt to commit a violent injury on someone when you have the ability to do so.
Assault with a deadly weapon is what’s known as a “wobbler” in California – meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s prior criminal history. For the most part, whether or not assault with a deadly weapon will be charged as a misdemeanor or a felony will hinge on three main criteria
- The type of weapon used to commit the assault
- Whether or not the victim sustained injury and, if so, how severe the injury was, and
- Whether the victim was a police officer, firefighter, or other protected person
When charged as a misdemeanor the potential penalties include misdemeanor probation, up to 1 year in county jail, and/or a maximum fine of up to $1,000. When charged as a felony, the potential penalties include felony probation, 2 to 4 years in California state prison and/or a fine of up to $10,000.
