The Ninth Circuit, sitting en banc, has affirmed that a California conviction for assault with a deadly weapon is not a crime of violence because it includes reckless crimes. “The California Supreme Court has held that the requisite mens rea for a conviction under Section 245(a)(1) is ‘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.’ Section 245(a)(1), therefore, does not require an intent to apply force, knowledge that an action will cause force to be applied to another, or even subjective awareness of a risk that such force will result.”
The full text of United States v. Gomez can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/01/13/23-435.pdf