California 'assault with a deadly weapon' laws

Two criminal defense attorneys, one a former prosecutor, and the other a retired police officer, discuss California's "assault with a deadly weapon" laws.


A Penal Code 240 "simple assault" is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. California Penal Code 245(a)(1) defines assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another.

An ADW charge is what's known as a wobbler. A "wobbler" is a crime that...depending on the circumstances...prosecutors can opt to file as either a misdemeanor or a felony.

In order to convict you of California Penal Code 245(a)(1) assault with a deadly weapon, prosecutors must prove two facts (otherwise known as "elements of the crime"):

1. that you assaulted someone, and


2. that the assault was committed with a deadly weapon or other means of force likely to cause great bodily injury.


The prosecutor doesn't need to prove that you injured another person or that you even actually made physical contact with another person...all that matters is that you had the ability and intent to severely injure the other person.

[joebananatube]

Except when cops do it, then it's perfectly legal.

[muzkat]

Case: San Bernardino County sheriff's deputies beat man after horse pursuit
 
What I would like to know is this; an officer has specific 'Tactical Defensive' training to apprehend and subdue a suspect; as a part of his or her training; he or she must be certified in specific tactics. In this case, the officer is allowed to use his boot to kick the suspect in the head, the body, and or groin area, to get the uncooperative suspect to cooperate; the tactic is used as a 'distraction' process to get the suspect to comply.

The man falls to the ground, is now face down, and with his arms and legs straight out; at this point fully compliant and cooperative. However, the officer immediately kicks the man in the head repeatedly with his service boot, then another officers kick him in the groin area...all areas that can lead to severe and life threatening injuries. But instead of attempting to pull his arms around, they continue to pummel the guy into unconscious submission. 

Why are law enforcement allowed to use such tactics that are illegal to citizens; methods that are lethal with little to no accountability or jail time; seemingly violating a person's Civil Liberties of protecting one's self from assault, but a citizen doing the same in self defense are at at risk of potential long jail time?

An officer of the law that uses his boot to a suspects head should be held to the same degree of criminal charges a person would in a similar 'self defense' case...but an officer should be held to a much higher standard with the risk of greater criminal charges against him or her due to their specific 'tactical defensive' training; and the lack of their ability to use it effectively without cause of serious injury to suspects.


Could this suspect file a Lawsuit against the San Bernardino County Sheriff Officers for a '245 Assault?' The assault occurred immediately against the suspect once he was on the ground in compliance, but the officers didn't use adequate reasonable force, in the 'Force Continuum' in subduing the suspects while he was on the ground. That at the moment the suspects was on the ground, both immediate officers had a duty to handcuff the suspects and not to use excessive force due to his immediate submission to comply...the force was unreasonable and the excessive force was the use of both Boots and Batons unreasonably and without justification.

[davideli]

how much more training do u need to become a jag

[watchingyourback]

Rancho cucamonga discharge a gun and you per si get 20 years is that true?
a police officier in San Bernardino assaulted his wife and shot her and charges were dropped?
and he lost his Job? DA? now how did that happen that wobbler?

[watchingyourback]

Rancho cucamonga Police officer shot wife just hearsay, dont know all the facts but !!!!