On Wednesday, January 13th, a 24-year-old man allegedly assaulted police with a chain and padlock. The suspect was hit with a taser and then arrested. Police were responding to a call from residential Westchester claiming that an assault with a deadly weapon had taken place. When the officers arrived at the scene, they immediately encountered the suspect who charged the police while swinging the weapon.
Initially, one of the officers shot the suspect with a taser, but it didn’t work. After that, both officers tackled the suspect and were able to help get him under control with the assistance of two onlookers. The suspect was then arrested on suspicion of assault with a deadly weapon against peace officers.
Assault with a deadly weapon is covered under California Penal Code 245 PC and is described as attacking (or attempting to attack) with a deadly weapon or by means likely to cause great bodily injury. Under this definition, just about anything can be considered a deadly weapon if it’s able to inflict great bodily harm – including a person’s hands or feet. This has often lead to the myth that a person can be considered so deadly that they have to register their hands and feet as deadly weapons. This is, in fact, false. Nobody would ever need to register their hands and feet as deadly weapons any more than they would have to register a hammer or a wrench (both of which can be considered deadly weapons).
Assault with a deadly weapon is a “wobbler” that can be charged as either a misdemeanor or a felony. Misdemeanor charges typically include up to 1 year in county jail, a fine of up to one thousand dollars, and/or summary probation. When charged as a felony, the potential penalties include formal probation, a state prison sentence of up to 4 years, a fine of up to $10,000.
