What is the difference between assault with a deadly weapon and assault with intent to commit murder?

California, United States of America


The following excerpt is from People v. Dowdell, A138140 (Cal. App. 2015):

Appellant reasons that because "usually" a more serious crime carries a more severe punishment, it is unconstitutionally "unusual" to impose a greater sentence for a less serious crime. In People v. Schueren (1973) 10 Cal.3d 553 (Schueren), the defendant was charged with assault with intent to commit murder but convicted of the lesser included offense of assault with a deadly weapon. (Id. at pp. 556, 558.) Under the laws then in effect, the penalty for assault with a deadly weapon was "imprisonment in the state prison for six months to life or a county jail term or fine" while the penalty for assault with a deadly weapon with intent to commit murder was "one to fourteen years in prison." (Id. at pp. 556-557.) As a result of being convicted of the lesser offense, the defendant faced a maximum term of life imprisonment rather than the maximum 14 years he would have faced if convicted as charged.

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