Someone explain to me why boxer Victor Ortiz is getting an assault w/ deadly weapon charge...

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There is a report saying that Ortiz got in a fight at a Kenny Chesney concert and is now getting charged with assault w/ deadly weapon for kicking a guy. Note the part about kicking a guy, as opposed to punching.

He's a boxer. MMA fighters generally get the deadly weapon charge if they beat someone up... but why would Ortiz, a fighter that uses his fists, get this charge for a kick? Dude doesn't kick for a living.

Makes no sense.
 

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Force without a weapon:You did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury.Examples: You can also be charged with California Penal Code Section 245(a)(1),et. seq. if you use force against another person without using a “deadly weapon” likely to cause substantial harm to another. Consider the following illustrations, which can also lead to a charge under Penal Code Section 245(a)(1), et. seq.:
  • pushing, hitting, punching, kicking
  • scratching
  • choking
  • biting

  • When you acted, you were aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in the application of force to someone.

  • When you acted, you had the present ability to apply force likely to produce great bodily injury with a deadly weapon other than a firearm; with a firearm; with a semiautomatic firearm; with a machine gun; with an assault weapon; or with a .50 BMG rifle to a person. [SUP]5[/SUP]
Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm. No one needs to actually have been injured by defendant’s act. But if someone was injured, this fact can be used, along with all the other evidence, in deciding whether the defendant committed an assault and if so, what kind of assault it was.Examples: Some examples of qualifying “great bodily injury” include the following:
  • any cuts or lacerations that require surgical stitching
  • broken limbs
  • broken/crushed/torn teeth
 

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A cholo gang member, pulled a knife on me when I was in my early twenties, I kicked him in the face and hospitalized him. I was arrested for assault with a deadly weapon, because I admitted it to the cop when questioned. The charges were dropped by the judge because it was self defense, but kicking someone in the face is assault with a deadly weapon.
 

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