(2) under the California Civil Code of Civil Procedure, under what circumstances will the prosecution of a defendant be prosecuted for a charge of assault with intent to cause grievous bodily harm?
California, United States of America
The following excerpt is from People v. Gaglione, 138 Cal.App.3d 52, 187 Cal.Rptr. 603 (Cal. App. 1982):
(2) The prosecution may, without violation of the requirement of equal protection, elect to prosecute for an offense carrying a heavy penalty although it might have elected to prosecute for an offense carrying a lighter penalty. (People v. Romo (1975) 14 Cal.3d 189, 197, 534 P.2d 1015.)
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