When an individual commits an assault in violation of section 245 of the California Code of Civil Procedure, can he be convicted of both aggravated assault and simple battery?
California, United States of America
The following excerpt is from People v. Castaneda, A139113 (Cal. App. 2015):
Thus, it follows that when an individual commits an assault in violation of section 245 and is successful in inflicting injury upon his victim he may be convicted of both the aggravated assault and simple battery even though, as we shall explain post, section 654 may bar multiple punishment. (People v. Fuller, supra, 53 Cal.App.3d at p. 420.)
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