The California Criminal Jury Instruction N. 875 provides that to prove a defendant is guilty of assault with a deadly weapon other than a firearm, the prosecutor needs to prove; (1) the defendant acted with a deadly weapon besides a firearm that due to its nature would directly, probably apply force to someone, (2) the defendant’s actions were willful, (3) when the defendant acted, she was aware of facts that would cause a reasonable person to realize the nature of her act was such it would directly, probably cause force to be applied to someone, and (4) when the defendant acted, she had the ability to apply force with a deadly weapon other than a firearm to someone. A defendant’s awareness of facts that would trigger her realization that her act would probably and directly result in application of force can be affected by prior California DUI convictions, warnings from the court, and a prior court order that she install an ignition interlock device on her car.
In a California appellate decision, a jury convicted the defendant of two counts of assault with a deadly weapon. The defendant was drunk on Memorial Day weekend when she drove a car through the fence and into her neighbor’s backyard during a get-together. The car jumped onto the porch, which was around 15-17 feet from the fence, before it temporarily stopped with wheels spinning in the gravel and then crashed into the master bedroom wall. The neighbor’s friend was almost hit and so was the neighbor’s eight-year-old son.