What constitutes a weapon within the meaning of section 245, subdivision (a)(1) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Brown, B259313 (Cal. App. 2015):

weapon within the meaning of section 245, subdivision (a)(1), when used in a manner capable of producing and likely to produce great bodily injury. [Citations.] [] Great bodily injury, as used in section 245, means significant or substantial injury. [Citation.] Because the statute speaks to the capability of inflicting significant injury, neither physical contact nor actual injury is required to support a conviction. [Citation.]" (People v. Brown (2012) 210 Cal.App.4th 1, 6-7 (Brown).)

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