Penal Code § 245(a)(1) makes it a severe crime to commit an assault upon another person with a deadly weapon other than a firearm or by means of force likely to produce great bodily injury. As a serious felony, an ADW conviction constitutes a strike under California's Three Strikes Law.
1. Elements of ADW Prosecution (CALCRIM 875)
- Act with Deadly Weapon: The defendant did an act with a weapon (or force) that by its nature would directly and probably result in application of force.
- Willfulness: The act was committed intentionally, not accidentally.
- Awareness of Facts: The defendant knew facts that would lead a reasonable person to realize the act would result in force.
- Present Ability: The defendant had the present physical ability to apply force with the weapon.