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When Is A Knife Not A Deadly Weapon? ? P.C. 245(a)(1)

By Walin & Klarich

A recent case decided by the California Court of Appeals involved a minor who was convicted of assault with a deadly weapon in a juvenile court after he got into an altercation and tried to use a butter knife to attack the victim. The defendant, Brandon T. (15), was convicted by the judge of a felony violation of Penal Code Section 245(a)(1) for trying to cut the face and throat of his victim Deon H. in 2009. However, the Court of Appeals reversed the trial judges decision and made a finding that the butter knife did not qualify as a deadly weapon in this case. The appellate court found that the butter knife was not used in a manner capable of producing death or great injury as shown that the knife broke when the defendant applied pressure...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 04, 2011 (boomark / email).