And yet, he won't be charged with a felony. SMDH.
That’s crazy. I don’t care if it’s Dave Chapelle or a homeless man. If you assault someone unprovoked with a weapon on your body (or even a fake weapon), you deserve to be charged felony. Especially if you have a history of violence. If the court wants to offer a plea deal reducing the charges to a misdemeanor (ie the perpetrator has no criminal history or mental health was a factor), that’s a totally different story.
Under California law the main difference between misdemeanor and felony assault is that felony assault includes a weapon. It’s my understanding typically the felony holds even if the weapon was not used, so long as it’s being carried by the perpetrator, even if it is fake. Similar to how bank robbery with a fake gun or fake bomb threat is still charged as an armed robbery.
The perpetrator reportedly was raised as a ward of the state, has been homeless much of his life, and has long suffered mental health issues. I’m very sympathetic to such cases but even those with mental illness need to be accountable for their actions in some form. I am a strong proponent for accelerated rehabilitation if people willing to take corrective actions and demonstrate changed behavior.
Presuming the aforementioned life circumstances are true, assuming he does not have an extensive criminal history of violence, I would much rather see him get the help he needs than sit in prison and have his life and future opportunities deteriorate. But I still think people should be charged with the crimes they commit and potentially be offered plea deals rather than under charging to begin with.