Can Hands Be Considered "Deadly Weapons" in California?

Is it true that Mike Tyson's hands are considered "deadly weapons"?  If Chuck Norris karate chopped someone in a bar, would Mr. Norris be charged for "assault with a deadly weapon"?  In California, the answer is "maybe".

Section 245 of California Penal Code defines aggravated assault, commonly referred to as "assault with a deadly weapon, or by force or means likely to induce a great bodily injury".  To be guilty of violating PC 245, the DA must prove that the defendant willfully performed some act that would likely injure someone else.

If the defendant uses or attempts to use a weapon against a victim (he swings a baseball bat toward someone, or throws a rock at someone's head, etc.), a jury could convict him of violating PC 245 because those actions are likely to cause injuries, regardless of whether or not the defendant actually harms anyone.  Those are both examples of "assault by force or means likely to result in a bodily injury", even when nobody actually gets hurt.

A defendant can also be guilty of violating PC 245 without actually using any weapon.  Remember, using a weapon is NOT an element of this crime.  A defendant can be convicted for PC 245 if he and a friend (or several friends) cooperate to jump someone.  Even if none of the assailants use weapons, jumping someone in an unfair fight is likely to cause serious injuries to the target of that beating.  Anyone who participates in the beating is guilty of violating PC 245.

Similarly, the DA might file PC 245 charges in a case where a fair fight devolves into a beating.  For example, imagine two men voluntarily choose to fight in a parking lot.  The fight starts fairly and the two men are evenly matched, but one man slips, drops his hands, and gets knocked out.  After he falls unconscious, the other man continues kicking and beating him on the ground.  Obviously, beating and kicking an unconscious man is likely to cause serious injuries.  Even though this confrontation began as a fair fight, and even though the victor never used a weapon, he could still be charged and convicted for violating PC 245.

Back to my example of Mike Tyson or Chuck Norris assaulting someone in a bar fight: if either world-renowned fighter took a swing at a drunken amateur, it is probably likely that the poor victim would suffer some serious injury.  If a jury agreed, then Iron Mike and Master Norris could be convicted of PC 245, commonly known as "assault with a deadly weapon", simply for punching someone with a bare fist.

In the real world, though, cases aren't usually so cut-and-dry.  There are many possible defenses to assault charges, including self-defense.  If you or a loved one has been arrested for assault in California, call us for a free attorney consultation.  714 449 3335.  Ask for John.

Thanks for reading.

Fullerton assault lawyer