Is assault with a deadly weapon a general intent crime?

California, United States of America


The following excerpt is from People v. Tucker, B276128 (Cal. App. 2018):

Assault with a deadly weapon upon a police officer, as alleged in count 1, is a general intent crime, like other forms of assault.1 (See People v. Chance (2008) 44 Cal.4th 1164, 1169.) The nature of the requisite general intent arises from the relationship between the offenses of assault and battery. (People v. Colantuono (1994) 7 Cal.4th 206, 214.) "Assault . . . lies on a definitional . . . continuum of conduct that describes its essential relation to battery: An assault is an incipient or inchoate battery; a battery is a consummated assault." (Id. at p. 216.) In view of that relationship, "a defendant is only guilty of assault if he intends to commit an act 'which would be indictable [as a battery], if done, either

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