Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault?
California, United States of America
The following excerpt is from People v. Hernandez, E064463 (Cal. App. 2017):
judgment to a conviction for the lesser offense. (Pen. Code, 1181, cl. 6, 1260; People v. Kelley (1929) 208 Cal. 387, 393 [reducing conviction from first degree murder to manslaughter because substantial evidence supported the latter, but not the former offense].)
Accordingly, I would modify the judgment, reducing count 2 from assault with a deadly weapon to simple assault.
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