Assault

Assault (PC 240):

Penal Code 240 states that an assault (simple assault) is an attempt to willfully commit violent injury on someone else. It is important to note that “assault” and “battery” are two distinct crimes; whereas in the case of battery, there was actual use of unlawful violence, assault is the attempt to do so.

Penalties (PC 240):

Penal Code 240 simple assault is a misdemeanor in California. In most simple assault cases, the penalties carry up to 6 months in county jail and/or a fine up to $1,000.

Legal Defenses (PC 240):

In California, you may be charged and convicted of assault even if no one was hurt by your behavior. There are several legal defenses our team of attorneys can work with in order to fight your assault charges. Several defenses include: you were wrongly accused, you did not have the intent to act willfully towards another person, you acted in self-defense, and/or you did not have the ability to inflict force on the other person. There are many instances where you may believe that the only viable option is to use force to defend against danger and/or that the amount of force you used seemed reasonably necessary to defend against that danger.

Simple Assault in California – Laws & Penalties

Simple assault is a misdemeanor charge under California law. It is the least serious assault related charge.

The definition of simple assault is an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another“.

You do not need to make any physical contact with another person, or cause any injury to be charged and convicted with simple assault.

If you are convicted of misdemeanor simple assault, you could face up to $1,000 in fines and 6 months in jail, under California Law.

Simple Assault – California Penal Code Section 240-241

Simple Battery in California– Laws & Penalties

Simple battery can be charged as a misdemeanor or felony, a determination that is made by the judge.

It is defined as any willful and unlawful use of force or violence upon another person.

If you are convicted of simple battery, you could face up to $2,000 in fines and 6 months in jail, under California Law.

Simple Battery California Penal Code Section 242-243

Assault with a Deadly Weapon in California – Laws & Penalties

Assault with a deadly weapon, (not a firearm, see below) is a felony under California law.

It is defined as an assault in which you use any “deadly weapon” other than a firearm in a manner likely to produce great bodily harm.

Deadly weapon is deliberately not defined, and can be interpreted as broadly as possible. A deadly weapon could be a blunt instrument like a bat or a tire iron, a blade instrument like a knife, or even a moving vehicle if it is alleged you deliberately attempt to hit a person with your car.

If you are convicted of assault with a deadly weapon, you could face up to $10,000 in fines and 4 months in prison, under California Law.

Assault with a Deadly Weapon (not a firearm) California Penal CodeSection 245

Assault with a Firearm in California – Laws & Penalties

Assault with a firearm is similar to California’s assault with a deadly weapon offense, with one significant exception: it does not have to be committed “in a manner likely to produce bodily harm”.

Just having a firearm or gun on your person or in your possession during the commission of any assault is enough to bring a felony charge of assault with a firearm.

If you are convicted of assault with a firearm, you could face up to $10,000 in fines and 4 months in prison, under California Law.

California Assault and Battery Enhancements and Aggregating Factors

All assault offenses have enhancements, exceptions, and aggravating factors the can increase penalties. These factors can be where the incident took place, such as on the grounds of a school, in a hospital or prison, or who the act was committed against.

Penalties will be increased if you commit an assault against a:

police officer
public safety officer or firefighter
teacher
prison guard
government official
highway worker
bus driver, cab driver or transit operator
many other special cases and enhancements

Please contact us for details on other special cases and penalty enhancements you may be charged with.” –source

May 5, 2015May 7, 2015

Assault with Deadly Weapon

Assault with Deadly Weapon “ADW” (PC 245):

The California crime of assault with a deadly weapon is defined under Penal Code 245 as an act committed with a so-called “deadly weapon,” or by means of force to produce great bodily injury.

Penalties (PC 245):

This crime is considered a “wobbler,” meaning that the prosecutor may charge you with a misdemeanor or felony as it depends on the circumstances of the case. Key factors include: the type of weapon used, whether the victim sustained an injury, and whether the victim was a police officer, firefighter, or other protected individual.

If charged with a misdemeanor, you can expect to serve one year in county jail. If charged with a felony, you can expect to serve anywhere between 2-4 years in state prison.

Legal Defenses (PC 245):

One of the surprising factors of being charged with ADW is that you can be convicted of this crime even if no one sustained any injuries. Several defenses include: you were wrongly accused, you did not have the intent to act willfully towards another person, you acted in self-defense, and/or you did not have the ability to inflict force on the other person. There are many instances where you may believe that the only viable option is to use force to defend against danger and/or that the amount of force you used seemed reasonably necessary to defend against that danger.

May 5, 2015May 7, 2015

Assault (Great Bodily Injury)

Assault with Great Bodily Injury (PC 240(a)):

Assault with “great bodily injury” refers to significant and substantial physical injuries. Emotional and financial do not fall under this category, nor do insignificant or even moderate injuries. It is also important to note that the injury does not have to be permanent or severe. However, damages such as brain damage or paralysis do fall under PC 240(a). What constitutes as a GBI is determined by several key factors: the severity of the injury, the resulting pain, and/or any required medical care.

There are certain crimes you can be charged with that include an additional GBI penalty. For example, if you receive a “UI causing injury” charge, and the car accident led to another person (who survived the accident) to suffer great bodily injury, you could receive a GBI enhancement.

Legal Definitions

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm shall
be punished by imprisonment in the state prison for two, three, or
four years, or in a county jail for not exceeding one year, or by a
fine not exceeding ten thousand dollars ($10,000), or by both the
fine and imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 16880, or an assault weapon,
as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined
in Section 30530, shall be punished by imprisonment in the state
prison for 4, 8, or 12 years.
(4) Any person who commits an assault upon the person of another
by any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 16880, or an assault weapon, as defined in Section
30510 or 30515, or a .50 BMG rifle, as defined in Section 30530,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Sections 18000 and 18005.
(f) As used in this section, “peace officer” refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.