what is ca. penal code 245(a)(1)?

Question

why does domestic violance charge change to an assault with a deadly weapon carge

Answer 1

if a weapon of any kind was used... doesn't matter if it's necessarily "deadly" or not, its about the "intent to injure or maim"

Answer 2

Penal Code 245 A 1

Answer 3

"245. (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment."


There is the concept of a "lesser included charge", where the minor charge gets folded into (upgraded to) the greater charge. So, a generic assault would get upgraded to a 245(a) if the deadly weapon is used.

While domestic violence may not be technically a lesser included charge, if it is a significantly less severe charge, the prosecution might decide to drop it to focus mainly on the more serious charge.