Bicyclist Road Rage in Mill Valley (CA Penal Code 245(a)(1))

Last Modified: October 14, 2020
May 6, 2014 | Rabin Nabizadeh | Assault with a Deadly Weapon

Most of us have heard about the phenomenon of “road rage” many times.  Usually, someone becomes angry or violent while driving a vehicle.  But, have you ever heard of road rage occurring on a bicycle?  For one Marin County tech executive, this is the new reality.  40-year-old Kentfield resident (name withheld in order to protect the privacy of the accused) was cycling near the intersection of East Blithedale Avenue and Camino Alto (Mill Valley) when a 55-year-old truck driver somehow angered him.  The cyclist then proceeded to assault the man, beating him until he was unconscious.  He has been charged with assault with a deadly weapon (ADW).

Yet, how can a man on a bicycle be accused of assaulting someone with a deadly weapon when he had no weapon with him?  That’s because in the state of California, assault with a deadly weapon is not only a “wobbler” (it may be prosecuted either as a misdemeanor or as a felony), but you needn’t used an actual weapon in order to fit the criteria for the crime.  According to (CA Penal Code 245(a)(1)), assaulting someone with a force that is “likely to cause great bodily injury” counts as using a “deadly weapon” and the same penalties apply.

If he is convicted of a misdemeanor charge pursuant to the above section of the Penal Code, he may face a $10,000 fine, up to 1 year in county jail, community service, anger management classes, and payment of restitution to the victim.  On the other hand, if he is convicted of a felony charge of the same, he will face up to 4 years in state prison, the same  fines, and (likely) a strike on his record according to California’s “three strikes” law.


latest news

February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]

February 6, 2024
Effective DUI Defenses You Can Utilize

Facing a DUI charge can be a burdensome experience and frightening. You might feel like there’s no way to defend yourself, but that’s not true. There are several effective defenses that skilled DUI lawyers use to protect their clients. Understanding these defenses can be crucial in fighting a DUI charge. DUI defenses vary depending on […]

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]