Is Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault With a Deadly Weapon?
June 1st, 2021
Review granted in People v. Aguayo, S254554. (D073304; 31 Cal.App.5th 758; San Diego County Superior Court; SCS295489.) to consider the following issues: (1) Is assault by means of force likely to produce great bodily injury a lesser included offense of assault with a deadly weapon? (See People v. Aledamat (2019) [8] Cal.5th 1, 16, […]
Tags: Assault, CC 875, Lesser Included Offenses, Multiplicity
The Huge Impact of A Tiny Two-Letter Word
October 15th, 2020
In this March 10, 2020 post FORECITE discussed the CALCRIM instructions which define great bodily injury as a “significant or substantial physical injury … that is greater than minor or moderate harm.” The post suggested, in reliance on People v. Medellin (2020) 45 Cal.App.5th 519, 533- 535 that — as argued by the prosecutor in […]
Tags: CC 1300, CC 1402, CC 1501, CC 1530, CC 1551, CC 2501, CC 2503, CC 2514, CC 2578, CC 2720, CC 2721, CC 2745, CC 2746, CC 2747, CC 3130, CC 3145, CC 3149, CC 3150, CC 3160, CC 3161, CC 3162, CC 3163, CC 3177, CC 3477, CC 505, CC 508, CC 511, CC 524, CC 525, CC 571, CC 580, CC 581, CC 582, CC 590, CC 592, CC 604, CC 810, CC 820, CC 860, CC 862, CC 863, CC 875, CC 970, CC 982, CC 983, GBI, Sample Instructions
A Butter Knife Was Not a Deadly Weapon Because the Defendant Did Not Use It in a Manner “Capable of” And “Likely to Produce” Death or Great Bodily Injury
April 19th, 2020
In order “for an object to qualify as a deadly weapon based on how it was used, [and demonstrate the commission of an assault with a deadly weapon,] the defendant must have used the object in a manner not only capable of producing but also likely to produce death or great bodily injury.” (Original emphasis.) […]
Tags: Assault, CC 875, Deadly Weapon
Reviewing Court Reverses Conviction and Enhancement Due to CALCRIM’s Erroneous Definition of Great Bodily Injury — Over 40 CC Instructions Potentially Affected
March 10th, 2020
People v. Medellin (2020) 45 Cal.App.5th 519, 533- 535 concluded that the CALCRIM definition of “great bodily harm” [GBI] in CC 875 and CC 3160 erroneously allowed the prosecutor to argue and the jury to find GBI based on either greater than minor harm or greater than moderate harm. This “alternate theory error” resulted in […]
Tags: CC 3160, CC 875, GBI, Sample Instructions
Is A Butter Knife An Inherently Deadly Weapon?
September 17th, 2019
In re B.M. (2018) 6 Cal.5th 528, 531-39 the CSC held that there was no substantial evidence that B.M. use of a butter knife was likely to cause great bodily injury within the meaning of PC 245(a). The Court reaffirmed its rule that an object alleged to be a deadly weapon must be used in […]
Tags: Assault, CC 875, Deadly Weapon
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 […]
Tags: Assault, CC 875, Deadly Weapon
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 […]
Tags: Assault, CC 875
