Is assault with a deadly weapon a felony or a misdemeanor?
California, United States of America
The following excerpt is from People v. Rhodes, 215 Cal.App.3d 470, 263 Cal.Rptr. 603 (Cal. App. 1989):
2 Assault with a deadly weapon may be punished either as a felony or a misdemeanor. ( 245, subd. (a)(1).) However, the act becomes a misdemeanor only by the sentence imposed and remains a felony for all purposes up to imposition of sentence. ( 17; Barker v. California-Western States Life Ins. Co. (1967) 252 Cal.App.2d 768, 772, 61 Cal.Rptr. 595.)
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