Tag Archives: Assault


California Supreme Court Grants Review to Consider the Standard of Prejudice When Jury Instructed on Both Legally Valid and Invalid Theories of Conviction
November 9th, 2018

People v. Aledamat REVIEW GRANTED (2018) 20 Cal.App.5th 1149, 1153-1154 reversed a conviction for assault with a deadly weapon based on the following description of the standard of review:   When an appellate court determines that a trial court has presented a jury with two theories supporting a conviction—one       legally valid and one legally […]


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Definition of Deadly Weapon Corrected
July 3rd, 2015

  People v. Brown (2012) 210 Cal. App. 4th 1, 4, considered weapons such as BB guns, and noted that CC 375’s definition of a “deadly weapon,” “which includes objects that are inherently ‘dangerous’ as well as inherently ‘deadly,’ is, at best, ambiguous and, at worst, overbroad.” “[CC 875] may impermissibly allow a jury to […]


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Assault Instruction May Confuse Jurors in Multiple Victim Situations
June 30th, 2015

“Element No. 1 of [CC 875] requires that the prosecution prove that ‘The defendant did an act with a deadly weapon that by its nature would directly and probably result in the application of force to a person.’ But Element 2 merely requires that ‘When the defendant acted, he was aware of facts that would […]


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