Assault and Battery - Revision history

Sysop: /* Aggravated Assault */

2025-07-13T23:27:55Z

Aggravated Assault

← Older revision		Revision as of 23:27, 13 July 2025
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	PC245(a)(4) is LIO of PC245(a)(1). ''People v. Fugit (2023) 88 Cal.App.5th 981 cf. ''People v. Pack (2023) 88 Cal.App.5th 218		PC245(a)(4) is LIO of PC245(a)(1). ''People v. Fugit (2023) 88 Cal.App.5th 981 cf. ''People v. Pack (2023) 88 Cal.App.5th 218

	People v. Aguayo (2022) 13 Cal.5th 974, held PC245(a)(1) and PC245(a)(4) are different statements of the same offense, and a person can't be convicted of both for the same act.		People v. Aguayo (2022) 13 Cal.5th 974, held PC245(a)(1) and PC245(a)(4) are different statements of the same offense, and a person can't be convicted of both for the same act. Disapproving In re Jonathan R. (2016) 3 Cal.App.5th 963. Accord People v. Cota (2020) 44 Cal.App.5th 720; People v. Bruton (2018) 23 Cal.App.5th 1097.

			Can't charge PC245(a)(4)+PC12022(b)(1) because that's the same as PC245(a)(1). (''People v. Bruton'' (2018) 23 Cal.App.4th 1097; ''People v. McGee'' (1993) 15 Cal.App.4th 107.)

Sysop: /* Aggravated Assault */

2025-05-25T02:08:09Z

Aggravated Assault

← Older revision		Revision as of 02:08, 25 May 2025
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	==Aggravated Assault==		==Aggravated Assault==

			PC245(a)(4) is LIO of PC245(a)(1). ''People v. Fugit (2023) 88 Cal.App.5th 981 cf. ''People v. Pack (2023) 88 Cal.App.5th 218

			People v. Aguayo (2022) 13 Cal.5th 974, held PC245(a)(1) and PC245(a)(4) are different statements of the same offense, and a person can't be convicted of both for the same act.


	===PC245(a)(1)===		===PC245(a)(1)===
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	===PC245(a)(2)===		===PC245(a)(2)===

			Unloaded firearm with ammunition nearby can be assault with firearm. People v. Lattin (2024) 107 Cal.App.5th 596


	===PC245(a)(3)===		===PC245(a)(3)===

Sysop: /* Lesser-included offenses */

2023-08-20T22:21:44Z

Lesser-included offenses

← Older revision		Revision as of 22:21, 20 August 2023
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	===Lesser-included offenses===		===Lesser-included offenses===

			(''People v. McDaniel'' (2008) 159 Cal.App.4th 736, 747-748.)

	Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.		Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.

Sysop: /* Lesser-included offenses */

2023-08-20T22:16:42Z

Lesser-included offenses

← Older revision		Revision as of 22:16, 20 August 2023
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	Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.		Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.
	The conclusion just reached is not only compelled by logic, it is supported by the overwhelming weight of authority (e.g., People v. Fuller, 53 Cal.App.3d 417, 422, 125 Cal.Rptr. 837; People v. Lathus, 35 Cal.App.3d 466, 471, 110 Cal.Rptr. 921; People v. Rupert, 20 Cal.App.3d 961, 967, fn. 1, 98 Cal.Rptr. 203; People v. Samuels, 250 Cal.App.2d 501, 515, 58 Cal.Rptr. 439; People v. Muir, 244 Cal.App.2d 598, 603 fn. 4, 53 Cal.Rptr. 398; People v. Mueller, 147 Cal.App.2d 233, 238, 305 P.2d 178; People v. McCaffrey, 118 Cal.App.2d 611, 619, 258 P.2d 557), including a direct holding by our Supreme Court (People v. Helbing, 61 Cal. 620, 621—622). (''People v. ~~Yates~~'' (1977) 66 Cal.App.3d 874, 878-879.)		The conclusion just reached is not only compelled by logic, it is supported by the overwhelming weight of authority (e.g., People v. Fuller, 53 Cal.App.3d 417, 422, 125 Cal.Rptr. 837; People v. Lathus, 35 Cal.App.3d 466, 471, 110 Cal.Rptr. 921; People v. Rupert, 20 Cal.App.3d 961, 967, fn. 1, 98 Cal.Rptr. 203; People v. Samuels, 250 Cal.App.2d 501, 515, 58 Cal.Rptr. 439; People v. Muir, 244 Cal.App.2d 598, 603 fn. 4, 53 Cal.Rptr. 398; People v. Mueller, 147 Cal.App.2d 233, 238, 305 P.2d 178; People v. McCaffrey, 118 Cal.App.2d 611, 619, 258 P.2d 557), including a direct holding by our Supreme Court (People v. Helbing, 61 Cal. 620, 621—622). (''People v. Yeats'' (1977) 66 Cal.App.3d 874, 878-879.)

	"Battery is not an included offense in the crime of assault with a deadly weapon . . . ." (People v. Fuller (1975) 53 Cal.App.3d 417, 422.)		"Battery is not an included offense in the crime of assault with a deadly weapon . . . ." (People v. Fuller (1975) 53 Cal.App.3d 417, 422.)

	"Because a battery is not essential to the crime here charged and because one may violate section 245 without actually striking another, a battery is not a ‘necessarily’ included offense in the crime defined by section 245." (People v. Mueller (1956) 147 Cal.App.2d 233, 238.)		"Because a battery is not essential to the crime here charged and because one may violate section 245 without actually striking another, a battery is not a ‘necessarily’ included offense in the crime defined by section 245." (People v. Mueller (1956) 147 Cal.App.2d 233, 238.)

Sysop: /* Lesser-included offenses */

2023-08-20T22:13:30Z

Lesser-included offenses

← Older revision		Revision as of 22:13, 20 August 2023
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	Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.		Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.
	The conclusion just reached is not only compelled by logic, it is supported by the overwhelming weight of authority (e.g., People v. Fuller, 53 Cal.App.3d 417, 422, 125 Cal.Rptr. 837; People v. Lathus, 35 Cal.App.3d 466, 471, 110 Cal.Rptr. 921; People v. Rupert, 20 Cal.App.3d 961, 967, fn. 1, 98 Cal.Rptr. 203; People v. Samuels, 250 Cal.App.2d 501, 515, 58 Cal.Rptr. 439; People v. Muir, 244 Cal.App.2d 598, 603 fn. 4, 53 Cal.Rptr. 398; *879 People v. Mueller, 147 Cal.App.2d 233, 238, 305 P.2d 178; People v. McCaffrey, 118 Cal.App.2d 611, 619, 258 P.2d 557), including a direct holding by our Supreme Court (People v. Helbing, 61 Cal. 620, 621—622). (''People v. Yates'' (1977) 66 Cal.App.3d 874, 878.)		The conclusion just reached is not only compelled by logic, it is supported by the overwhelming weight of authority (e.g., People v. Fuller, 53 Cal.App.3d 417, 422, 125 Cal.Rptr. 837; People v. Lathus, 35 Cal.App.3d 466, 471, 110 Cal.Rptr. 921; People v. Rupert, 20 Cal.App.3d 961, 967, fn. 1, 98 Cal.Rptr. 203; People v. Samuels, 250 Cal.App.2d 501, 515, 58 Cal.Rptr. 439; People v. Muir, 244 Cal.App.2d 598, 603 fn. 4, 53 Cal.Rptr. 398; People v. Mueller, 147 Cal.App.2d 233, 238, 305 P.2d 178; People v. McCaffrey, 118 Cal.App.2d 611, 619, 258 P.2d 557), including a direct holding by our Supreme Court (People v. Helbing, 61 Cal. 620, 621—622). (''People v. Yates'' (1977) 66 Cal.App.3d 874, 878-879.)


	~~People v. Yeats, 66 Cal. App. 3d 874, 878–79, 136 Cal. Rptr. 243, 245 (Ct. App. 1977~~)

	"Battery is not an included offense in the crime of assault with a deadly weapon . . . ." (People v. Fuller (1975) 53 Cal.App.3d 417, 422.)		"Battery is not an included offense in the crime of assault with a deadly weapon . . . ." (People v. Fuller (1975) 53 Cal.App.3d 417, 422.)

	"Because a battery is not essential to the crime here charged and because one may violate section 245 without actually striking another, a battery is not a ‘necessarily’ included offense in the crime defined by section 245." (People v. Mueller (1956) 147 Cal.App.2d 233, 238.)		"Because a battery is not essential to the crime here charged and because one may violate section 245 without actually striking another, a battery is not a ‘necessarily’ included offense in the crime defined by section 245." (People v. Mueller (1956) 147 Cal.App.2d 233, 238.)

Sysop: /* Aggravated Assault */

2023-08-20T22:12:48Z

Aggravated Assault

← Older revision		Revision as of 22:12, 20 August 2023
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	People v. Colantuono (1994) 7 C.4th 206, 26 C.R.2d 908, 865 P.2d 704, infra, § 42, a case involving an assault with a deadly weapon, states that, despite “a certain measure of understandable analytical uncertainty” on the issue, assault is a general intent crime. (7 C.4th 215.) The evidence need only demonstrate that the defendant wilfully or purposefully attempted a wrongful act committed by means of physical force against the person of another. (7 C.4th 215.) While assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur, it does require an intentional act and knowledge of facts sufficient to lead a reasonable person to realize that the act by its nature will probably and directly result in the application of physical force against another. (People v. Williams (2001) 26 C.4th 779, 787, 111 C.R.2d 114, 29 P.3d 197, infra, § 44 [clarifying Colantuono].)		People v. Colantuono (1994) 7 C.4th 206, 26 C.R.2d 908, 865 P.2d 704, infra, § 42, a case involving an assault with a deadly weapon, states that, despite “a certain measure of understandable analytical uncertainty” on the issue, assault is a general intent crime. (7 C.4th 215.) The evidence need only demonstrate that the defendant wilfully or purposefully attempted a wrongful act committed by means of physical force against the person of another. (7 C.4th 215.) While assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur, it does require an intentional act and knowledge of facts sufficient to lead a reasonable person to realize that the act by its nature will probably and directly result in the application of physical force against another. (People v. Williams (2001) 26 C.4th 779, 787, 111 C.R.2d 114, 29 P.3d 197, infra, § 44 [clarifying Colantuono].)

	====Lesser-included offenses====		===Lesser-included offenses===

	Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.		Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.

Sysop: /* Aggravated Assault */

2023-08-20T22:08:42Z

Aggravated Assault

← Older revision		Revision as of 22:08, 20 August 2023
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	People v. Colantuono (1994) 7 C.4th 206, 26 C.R.2d 908, 865 P.2d 704, infra, § 42, a case involving an assault with a deadly weapon, states that, despite “a certain measure of understandable analytical uncertainty” on the issue, assault is a general intent crime. (7 C.4th 215.) The evidence need only demonstrate that the defendant wilfully or purposefully attempted a wrongful act committed by means of physical force against the person of another. (7 C.4th 215.) While assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur, it does require an intentional act and knowledge of facts sufficient to lead a reasonable person to realize that the act by its nature will probably and directly result in the application of physical force against another. (People v. Williams (2001) 26 C.4th 779, 787, 111 C.R.2d 114, 29 P.3d 197, infra, § 44 [clarifying Colantuono].)		People v. Colantuono (1994) 7 C.4th 206, 26 C.R.2d 908, 865 P.2d 704, infra, § 42, a case involving an assault with a deadly weapon, states that, despite “a certain measure of understandable analytical uncertainty” on the issue, assault is a general intent crime. (7 C.4th 215.) The evidence need only demonstrate that the defendant wilfully or purposefully attempted a wrongful act committed by means of physical force against the person of another. (7 C.4th 215.) While assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur, it does require an intentional act and knowledge of facts sufficient to lead a reasonable person to realize that the act by its nature will probably and directly result in the application of physical force against another. (People v. Williams (2001) 26 C.4th 779, 787, 111 C.R.2d 114, 29 P.3d 197, infra, § 44 [clarifying Colantuono].)

			====Lesser-included offenses====

			Where the assault is committed with a deadly weapon, or with force likely to produce great bodily injury, the aggravated assault is complete upon the attempted use of the force. If halted at this point, no battery has been committed. Since assault with force likely to produce great bodily injury may be committed without committing battery, battery is not an offense necessarily included within assault by means of force likely to produce great bodily injury.
			The conclusion just reached is not only compelled by logic, it is supported by the overwhelming weight of authority (e.g., People v. Fuller, 53 Cal.App.3d 417, 422, 125 Cal.Rptr. 837; People v. Lathus, 35 Cal.App.3d 466, 471, 110 Cal.Rptr. 921; People v. Rupert, 20 Cal.App.3d 961, 967, fn. 1, 98 Cal.Rptr. 203; People v. Samuels, 250 Cal.App.2d 501, 515, 58 Cal.Rptr. 439; People v. Muir, 244 Cal.App.2d 598, 603 fn. 4, 53 Cal.Rptr. 398; *879 People v. Mueller, 147 Cal.App.2d 233, 238, 305 P.2d 178; People v. McCaffrey, 118 Cal.App.2d 611, 619, 258 P.2d 557), including a direct holding by our Supreme Court (People v. Helbing, 61 Cal. 620, 621—622). (''People v. Yates'' (1977) 66 Cal.App.3d 874, 878.)


			People v. Yeats, 66 Cal. App. 3d 874, 878–79, 136 Cal. Rptr. 243, 245 (Ct. App. 1977)

			"Battery is not an included offense in the crime of assault with a deadly weapon . . . ." (People v. Fuller (1975) 53 Cal.App.3d 417, 422.)

			"Because a battery is not essential to the crime here charged and because one may violate section 245 without actually striking another, a battery is not a ‘necessarily’ included offense in the crime defined by section 245." (People v. Mueller (1956) 147 Cal.App.2d 233, 238.)

Sysop: /* Weapons */

2023-05-23T03:31:57Z

Weapons

← Older revision		Revision as of 03:31, 23 May 2023
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	''People v. White'' (2015) 241 Cal.App.4th 881		''People v. White'' (2015) 241 Cal.App.4th 881

			Rock

			''People v. White'' (1963) 212 Cal.App.2d 464

	NOT deadly weapon		NOT deadly weapon

Sysop: /* Weapons */

2022-10-18T02:55:00Z

Weapons

← Older revision		Revision as of 02:55, 18 October 2022
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	Overruling people v. Koback		Overruling people v. Koback


			Enhancement

			PC12022(b) cannot be attached to PC245(a)(1) because weapon is element. (''People v. Summersville'' (1995) 34 Cal.App.4th 1062; ''People v. Mcgee'' (1993) 15 Cal.App.4th 107, 110.)

	===PC245(a)(2)===		===PC245(a)(2)===

Sysop: /* =Weapons */

2020-11-27T03:29:33Z

=Weapons

← Older revision		Revision as of 03:29, 27 November 2020
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	===PC245(a)(1)===		===PC245(a)(1)===

	====Weapons===		====Weapons====

	Pillow		Pillow