Assault With a Deadly Weapon – Prosecution – California Penal Code Section 245

To prove that you are guilty of committing an assault with a deadly weapon or a force that is likely to produce great bodily injury, the prosecution must prove that:

1.    You acted with a deadly weapon or firearm that by its nature would directly and probably result in the application of force to a person – or that you at least committed an act that by its nature would directly and probably result in application of force to a person; AND

2.    When you committed the act, you had the present ability to apply force that is likely to produce great bodily injury; AND

3.    You did not act in self defense or in defense of others.

If force was used without a weapon, the prosecution would also have to show that:

1.    The force was likely to produce great bodily injury; AND

2.    When you committed the act, you were aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in the application of force to a person.

Additional Notes:

•    An act is “willful” when he/she does it on purpose. The person does not necessarily have to specifically intend to break the law, injure someone, or gain an advantage; they only have to intend to do the act that they commit.

•    The terms “application of force” and “apply force” mean to touch in a harmful or offensive manner. The slightest touch can be enough, making a physical contact with another person, even if it’s through their clothing, is enough. The touching does not have to cause pain or injury of any kind.

•    The touching can be done indirectly by causing an object or another person to touch the victim.