Felony Assault Conviction Requires Present Ability to Cause Harm

By: Wallin & Klarich

Defendant repeatedly threatened to kill victim, put bag over victim’s head, threatened to light oven gas, held a knife to victim’s throat, put a noose around victim’s neck, and covered victim’s head with duct tape, and victim smelled gas, but ventilation within the victim’s mobile home prevented defendant from igniting the gas despite defendant’s efforts, the gas did not give defendant the present ability to cause harm to support defendant’s conviction for felony assault. As reported in the case of People v. Steele (July 15, 2008).

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Posted In: Assault & Battery