assault with deadly weapon ( Car as weapon) being assaulted and trying to get away.

Asked on June 13, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I assume that your question is, what are the penalties.

California Penal Code, Section 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's no Penal Code section for "evading" arrest per se,  there is however one for resisting, delaying, or obstructing an officer in the performance of their duties and it certainly does apply to persons who run from the police.

California Penal Code, Section 148 (a) (1):  Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.


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