People v. B.M. (In re B.M.)

*530 Penal Code section 245, subdivision (a)(1) (hereafter section 245(a)(1) ) prohibits "assault[ing] ... the person of another with a deadly weapon or instrument other *545 than a firearm." In this case, the juvenile court found that defendant B.M.'s use of a knife with a dull tip and slightly serrated edge, which the court referred to as a "butter knife," violated section 245(a)(1). On appeal, B.M. argued that insufficient evidence supported the juvenile court's finding because she had not used the butter knife in a manner that was " 'capable of producing and likely to produce, death or great bodily injury.' " ( People v. Aguilar (1997) 16 Cal.4th 1023 , 1029, 68 Cal.Rptr.2d 655 , 945 P.2d 1204 ( Aguilar ).) In rejecting B.M.'s claim, the Court of Appeal expressly disagreed with In re Brandon T. (2011) 191 Cal.App.4th 1491 , 120 Cal.Rptr.3d 637 ( Brandon T. ), which held that a butter knife had not been used as a deadly weapon in part because the knife had broken during the alleged assault and failed to cause significant bodily injury prior to breaking. ( Id. at pp. 1497-1498, 120 Cal.Rptr.3d 637 .)

We hold, consistent with settled principles, that for an object to qualify as…