On Friday, June 26th, deputies received multiple reports about a possible assault with a deadly weapon that left the victim with a head injury. Deputies began their search on Bouquet Canyon Road near Magic Mountain Parkway in Santa Clarita. When deputies were able to speak to the victim, he identified himself as a maintenance worker and told them that the person who hit him in the head was a transient.
Deputies began their search where the suspect was last seen leaving an apartment complex and heading towards a homeless encampment in a nearby wash.
Assault with a deadly weapon is covered under California Penal Code 245(a)(1) PC and is described as wrongfully attempting to injure someone with a deadly weapon. A deadly weapon is described as any instrument that, when used as a weapon, is likely to inflict great bodily injury. The most common deadly weapons encountered by police include obvious weapons such as guns and knives, but that’s not all. Since a “deadly weapon” can be any instrument that is likely to inflict great bodily harm, the weapons can include screwdrivers, pieces of wood, a dinner plate, a rock, a shovel, a wrench, etc.
The difference between assault with a deadly weapon and simple assault is, as you probably guessed, the fact that the defendant uses a deadly weapon to attempt to strike the victim. In some cases, even a hand or a foot can constitute a deadly weapon if used with enough force to possibly inflict great bodily injury.
California Penal Code 245(a)(1) PC is a “wobbler” that can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s prior criminal history. When charged as a misdemeanor, the potential penalties include misdemeanor probation, up to 1 year in county jail, and/or a fine of up to $1,000. For felony convictions, the potential penalties include formal probation, up to 4 years in California state prison, and/or a fine of up to $10,000.
