The Ninth Circuit has again determined that a California conviction for assault with a deadly weapon, entered before the statute was amended in 2011, is a crime of violence. The court rejected the argument that the statute encompasses negligent conduct. “The essential question is whether assault in California can be committed accidently or whether it requires an intentional use of force. As defined in California, assault ‘requires an intentional act and actual knowledge of those facts sufficient to establish that the act by its nature will probably and directly result in the application of physical force against another.’ We conclude that this definition requires an intentional use of force.”
The full text of US v. Vasquez-Gonzalez can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/22/15-10285.pdf