In California, the line between simple assault and assault with a deadly weapon (ADW) can be complex, especially when it involves actions like kicking. While hands and feet are not classified as "deadly weapons" under California Penal Code 245(a)(1), certain circumstances can elevate a kick to an ADW charge.
Here’s what you need to know about how this law is applied. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you are facing criminal charges.
The Basics of Assault with a Deadly Weapon
California Penal Code 245(a)(1) defines assault with a deadly weapon as an assault committed either:
- With a deadly weapon or instrument, or
- By means of force likely to produce great bodily injury
This means that even if no weapon is involved, an individual can face ADW charges if the force used is deemed capable of causing significant harm.
What the Courts Say: The People v. Aguilar Case
The California Supreme Court provided critical guidance on this topic in People v. Aguilar (1997) 16 Cal. 4th 1023. The Court made two significant rulings:
- Hands and Feet Are Not Deadly Weapons: The Court clarified that, under PC 245(a)(1), deadly weapons are objects external to the human body. However, exceptions might apply if footwear, like steel-toed boots, is involved.
- Focus on the Force Used: The Court emphasized that the key factor is the nature of the force applied. Even if a body part isn’t a weapon, using it with enough force to likely cause great bodily injury can lead to ADW charges.
When Can a Kick Lead to an ADW Charge?
A kick can result in an ADW charge if it meets the criteria of using force likely to produce great bodily injury. This includes:
- The Strength of the Kick: Was the kick delivered with enough power to cause significant harm?
- The Target Area: Kicking someone in the head or chest poses a higher risk of severe injury than kicking a leg.
- Circumstances of the Incident: Factors such as the victim’s vulnerability (e.g., if they were already down) can influence the charge.
Even if the kick does not cause an injury or misses the intended target, the mere act of applying such force can be enough for an ADW charge.
Defining “Great Bodily Injury”
California law defines "great bodily injury" as significant or substantial physical harm. This definition is intentionally broad and open to interpretation, allowing prosecutors to argue based on the facts of each case. Minor injuries generally do not meet this threshold, but severe bruising, broken bones, or internal injuries often do.
Legal Support Can Make a Difference
Facing an ADW charge for an act like kicking can be overwhelming, given the serious legal consequences. An experienced defense attorney can analyze the specifics of your case, challenge the prosecution’s interpretation of "force likely to produce great bodily injury," and work to reduce or dismiss the charges.
If you or someone you know is facing such charges, contact Law Office of Michael L. Fell at (949) 585-9055 for a free consultation. We are here to help you understand your legal options and build a strong defense.