Is assault by means of force a crime considered a completed crime?

California, United States of America


The following excerpt is from People v. Parrish, 170 Cal.App.3d 336, 217 Cal.Rptr. 700 (Cal. App. 1985):

However, the state is not barred from imposing punishment for an attempt merely because the crime has been completed. (People v. Johnson[170 Cal.App.3d 343] (1971) 21 Cal.App.3d 235, 247, 98 Cal.Rptr. 393.) Penal Code section 663 provides in pertinent part: "Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, ..."

Appellant's argument is incorrect because Penal Code section 245, subdivision (a), defines a crime which is separate and distinct from the battery crimes contained in Penal Code section 243. (People v. Fuller, supra, 53 Cal.App.3d 417, 222, 125 Cal.Rptr. 837.)

Punishment under section 245, subdivision (a), is directed at the force used, and it is immaterial whether the force actually results in any injury. The focus is on force likely to produce great bodily injury. (People v. Wingo (1975) 14 Cal.3d 169, 176, 121 Cal.Rptr. 97, 534 P.2d 1001.)

Infliction of great bodily injury is not an element of assault by means likely to produce great bodily injury. The penalty for assault does not contemplate punishment for the infliction of great bodily injury. (People v. Smith (1981) 122 Cal.App.3d 581, 587, 176 Cal.Rptr. 73.) Where assault by means of force likely to produce great bodily injury has occurred, the assault itself represents a completed crime due to the use of the force. (People v. Yeats (1977) 66 Cal.App.3d 874, 878, 136 Cal.Rptr. 243; People v. Smith, supra, 122 Cal.App.3d 581, 587, 176 Cal.Rptr. 73.)

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