Does a prior conviction for assault constitute an aggravated assault?
California, United States of America
The following excerpt is from People v. Scott, A139921 (Cal. App. 2015):
4. The trial court struck its true findings on allegations based on an additional prior conviction for aggravated assault under Penal Code section 245, subdivision (a)(1), because the record of that prior conviction showed the assault was committed with hands and fists, rather than a deadly weapon, meaning it did not qualify as a serious or violent felony. (See People v. Rodriguez (1998) 17 Cal.4th 253, 262; People v. Aguilar (1997) 16 Cal.4th 1023, 1028-1034.)
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