Car Considered a Deadly Weapon Against Bicyclist in San Francisco (CA Penal Code 245(a)(1))

Car Considered a Deadly Weapon Against Bicyclist in San Francisco (CA Penal Code 245(a)(1))

Rabin Nabizadeh
November 14, 2013

In California, assault with a deadly weapon (CA Penal Code 245(a)(1)) is a ‘wobbler;’ it is at the discretion of the prosecutor whether or not to consider the charge a misdemeanor or a felony.  Some considerations include the nature of the injury to the supposed victim and whether the person claiming assault was a ‘protected’ person, such as a police officer or a firefighter.  This determination is also normally made, in part, according to the type of weapon used in the alleged assault.  What happens when the ‘deadly weapon’ used is not a knife or gun, but a vehicle?

This is just the kind of question that 56-year-old (name withheld for privacy) must be asking himself after having been arrested on this particular charge while he is waiting for his $50,000 in bail to be posted.  Apparently, he was in the process of backing out of a parking space on Valencia Street when he discovered that two bicyclists were in his path.  The two cyclists became angry with him and entered into a verbal altercation with him, after which he purportedly hit one of the cyclists with his car, knocking him down and into a nearby street curb.  Afterward, he drove off, only to be pursued by both cyclists, neither of whom were harmed, and an off-duty police officer that eventually made the arrest.  Law enforcement officials are calling it a case of ‘road rage,’ but he may be facing up to 4 years in state prison, court-ordered victim restitution, and a maximum $10,000 fine.

 

latest news

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]
April 6, 2022
Arrested for DUI in California: Am I Going to Lose My Job?
You've been charged with a DUI and have no idea what to do next. A lot of worries may run through your mind, including the fear of losing your job. Many aspects of a DUI charge can be overwhelming to a person, even to those familiar with California Law. In this blog, we will discuss [...]