In what circumstances will a defendant be charged with assault with a deadly weapon under section 788 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Hubbard, D074201 (Cal. App. 2018):
Evid. Code, 788; People v. Elwell (1988) 206 Cal.App.3d 171, 175 ["assault with a deadly weapon is a crime of moral turpitude"]), the details of the underlying story presented a different issue. Defense counsel argued that the factual background should be excluded.
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