California "Assault and Battery" Criminal Defense Attorneys | California Penal Code 240 -- "Assault"
Our California assault & battery criminal defense lawyers have local law offices conveniently located throughout Southern California. If you are charged with an assault or battery in Los Angeles, Orange County, Ventura County, or in any surrounding area, we invite you to contact us to confidentially discuss your case.
In the following sections, our assault and battery defense attorneys will define an "assault" under California law and the various elements that go into proving and defending against a California "simple assault" charge.
What Constitutes the Crime of "Assault" Under California Penal Code 240?
What is the Difference between "Assault" and "Battery"?
How do Prosecutors Prove a California "Simple Assault" Under CPC 240?
Definition of Terms under California Assault Law
Penalties and Punishments for "Assault" under California Penal Code 241 (a)
How Do I Defend a California "Assault" Allegation?
If after reviewing this information you would like to discuss your case, please feel free to contact us at one of our local criminal law offices.
What Constitutes the Crime of "Assault" Under
California Penal Code 240?
California law defines assault (sometimes referred to as an "assault and battery") in section 240 of the California Penal Code. An "assault" is an unlawful attempt, coupled with a present ability, to commit a violent injury on another. Simply put, it means performing an act that is likely to result in the application of force to another.
There is no requirement that an assault must actually result in a violent or forceful act upon another, only that you (1) attempted to, and (2) had the ability to do so.
California "simple assault" is a misdemeanor and is typically charged when the accuser didn't suffer any type of significant injury as a result of the offense. A California "aggravated assault" (otherwise known as an "assault with a deadly weapon" or an ADW) will be filed if (1) you used a deadly weapon or other instrument capable of producing serious bodily injury, and/or (2) when the accuser is seriously injured.
*This article primarily focuses on the issues involved with a California "simple assault".
What is the Difference between "Assault" and "Battery"?
Although many people think that "assault and battery" is one crime, "assault" (CPC 240) and "battery" (CPC 242) are actually two different offenses. As Robert Little, one of San Bernardino's top assault defense attorneys puts it, "The easiest way to distinguish the crimes is this.an assault doesn't necessarily involve any actual physical contact -- a battery does. Put another way, an 'assault' is an 'attempted battery', and a 'battery' is a 'completed assault'".
How Do Prosecutors Prove a California "Simple Assault" Under Penal Code 240?
In order to convict you of "simple" or "misdemeanor" assault in California, the prosecuting agency must prove the following three facts (otherwise known as "elements"):
- that you "willfully" acted in a way that would likely result in physical contact with another,
- that you were aware that your "act" would likely result in that physical contact, and
- that when you "willfully acted" you had the ability to follow through with the act that would cause that contact.
Let's take a closer look at what these elements mean.
Definition of Terms underCalifornia
Assault Law
"Willful" means intentional, as opposed to accidental. It does not mean that you necessarily (1) intended to injure the other person, or (2) intended to break the law.
- For example: Joe, upset that Betty was yelling at him in front of his friends while they were watching the big game in their Victorville home, threw the remote control in her direction. Although Joe didn't intend to hit Betty with it (he just wanted to scare her so that she'd leave), he acted "willfully" when he threw the remote.
"Physical contact" means any touch.no matter how slight.if the touch is done in an angry, harmful or even offensive manner. The contact can be through one's clothing or even indirectly through an object or another person. The physical contact doesn't have to result in any pain or injury. Simply "spitting" on another would suffice.
- It is important to keep in mind that according to California assault law, there is no requirement that you actually make physical contact with the accuser. This definition is important because of the requirements (set forth above) that (1) your act would likely result in contact, and (2) that you had the ability to make physical contact.
- For example, Bob took a swing at Pete during a basketball game in L.A., but missed because Pete "ducked". Even though there was no contact, the Los Angeles City Attorney's office could still charge Bob with PC 240 assault. If Pete hadn't ducked, Bob's act of "swinging" would have likely resulted in physical contact.
Penalties and Punishments for "Assault" under California Penal Code 240
Sentence for California Misdemeanor
"Simple Assault" --
(all may apply)
- Informal (otherwise known as "summary") probation for up to three years
- Probation may include (1) successful completion of a batterer's program, and/or (2) community service
- Up to six months in the county jail
- A fine of up to $1,000
How Do I Defend a California Penal Code 240
"Assault" Allegation?
Just because you've been arrested for a California "assault" doesn't mean you'll be convicted of a California "assault". A Rancho Cucamonga "assault and battery" defense lawyer knows the most effective ways to present the following defenses on your behalf.
*Note - the following is an example of some of the most common defenses to a California "assault" charge.not all of these will apply to your case. We invite you to meet with us at one of our local criminal law offices to discuss the particular facts of your case.
Because the very definition of "assault".under California Penal Code 240.requires you to have the "present ability to commit a violent injury upon another", you can't be convicted of this crime if your act can't be carried out.
For example, Chris threatens to shoot Ryan in the head while they are arguing in a Long Beach bar even though Chris doesn't have a gun. Long Beach prosecutors wouldn't be able to charge Chris with assaulting Ryan, since he didn't have the ability to actually shoot Ryan. They could, however, potentially charge Chris with a separate offense known as "Penal Code 422 criminal threats" under this scenario.
But,
If Chris and Ryan were fighting in that same Long Beach bar and instead of threatening to shoot Ryan, Chris (who was really drunk) took a swing at Ryan (and missed), he could still be charged with assault.
Even though it could be true that Chris didn't have the ability to connect his punch.based on his impairment.he would be prevented from asserting this as a defense, because voluntary intoxication doesn't excuse a California assault or a California battery.
If you had a reasonable and honest belief that you or another person were about to be seriously hurt by another, you are allowed to "reasonably" fight back.
For example, Steve is beating Tom's friend, Dan, in the parking lot at Angel Stadium in Anaheim. In an effort to protect Dan, Tom threatens to (and does) punch Dan in the face. Under normal circumstances, Tom could be arrested for assault and battery, but because he "reasonably" defended Dan, an Orange County assault and battery criminal defense attorney should be able to successfully plead defense of others on his behalf.
If you didn't "willfully intend to commit a violent injury upon another", you can't be guilty of a California "assault" under CPC 240.
Taking an example from above, when Chris threatened to shoot Ryan in the head (knowing that he didn't have a gun), he clearly didn't have the "intent" to commit a violent injury upon Ryan. Yes, he intended to scare or threaten Ryan, but he didn't have the necessary intent to constitute a California criminal assault.
Because there is no requirement that the accuser suffers an actual injury under PC 240, it's easily falsely reported out of anger, revenge or jealousy. "False accusations are frequently charged in assault cases where there are no injuries or eyewitnesses" says Darrell York, one of L.A. and Ventura's top criminal defense lawyers. "It never ceases to amaze me how many people are wrongly arrested for assault based on an incident that never took place".
If you or someone you know has been charged with California misdemeanor simple assault in Riverside, Palm Springs, San Bernardino or any surrounding city, the most important call you can make is to a skilled Los Angeles assault and battery attorney.
