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Reply #15: Under California law, even violent assault is charged as a misdemeanor. [View All]

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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 03:02 PM
Response to Reply #2
15. Under California law, even violent assault is charged as a misdemeanor.
Edited on Fri Dec-09-11 03:05 PM by Xithras
You don't know me from Adam, but if we're walking down a sidewalk toward each other, and I haul off and punch you in the jaw without provocation or warning, that would qualify as either midemeanor Assault or Simple Battery under California law (both of which carry sentences of up to 6 months in prison).

In order to rise to a felony, the assault would need to meet additional legal requirements such as "great bodily injury", or the use of a "deadly weapon", or a combination with another crime (assault during robbery or rape), or a history of past assault convictions. Simply assaulting and injuring someone isn't enough to qualify as a felony on it's own, unless the injuries are serious enough to pass the "great bodily injury" threshold.

Pepper spray is nasty, but it's not lethal and wouldn't qualify as a deadly weapon. Pepper spray hurts, but it doesn't leave permanent injury, break bones, or require surgical intervention to correct. Assuming that she hasn't done this before, they legally couldn't charge her with a felony. It would be stupid to even try, because no prosecutor could ever prove that her actions rose to the legal requirements of that charge.
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