Aznavoleh

Assault with a deadly weapon requires proof of an intentional act committed with knowledge of facts that would lead a reasonable person to realize that physical force would be applied to another as a direct and probable consequence of that act. (People v. Williams (2001) 26 Cal.4th 779, 782 [ 111 Cal.Rptr.2d 114 , 29 P.3d 197 ] (Williams).) There is no requirement that the actor intend or be subjectively aware of the prospect of such a consequence. (Ibid.) The primary issue in this case is whether a driver who deliberately races through a red light at a busy intersection and collides with another vehicle, causing injury to another, can be convicted of assault with a deadly weapon. The answer is yes. Although the trial court erred by instructing the jury that defendant could not be convicted of assault unless he actually knew that his reckless driving would cause injury to another, the instruction inured to defendant’s benefit and the error was harmless.

Aren Aznavoleh appeals the judgment entered after a jury convicted him on two counts each of assault with a deadly weapon (Pen. Code, 1 § 245, subd. (a)(1)), and reckless driving causing injury (Veh. Code, § 23105, subd.…