Assault

The statements contained in this article are not legal advice, and they should not be taken as legal advice. The statements are only meant to provide general information, and they do not pertain to any specific legal situation you may face.

California Penal Code section 240 covers simple assault, a misdemeanor offense. Section 240 defines assault as an attempt to commit a violent injury on someone else.
You can be charged with, and convicted of, assault in California under Penal Code section 240 even if no one was hurt or touched.
In order to convict a defendant of assault in California under Penal Code section 240, the prosecution must prove all of the following beyond a reasonable doubt:
The defendant did something that was likely to result in the use of force against someone else
The defendant did so willfully
The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person
When the defendant acted, s/he had the ability to apply force to the other person

NOTE: The difference between Assault and Battery is that a battery involves the actual use of force, and a battery only involves an attempted use of force. Essentially, an assault is an attempted battery.

Examples of assault:
Spitting at someone but missing
Trying to punch someone, but missing because the person ducks out of the way
Throwing rocks at someone

Penalties
Simple assault in California under Penal Code section 240 is a misdemeanor offense.
In most cases, the penalties for assault in California under Penal Code section 240 include:
Fine of up to one thousand dollars ($1000)
Up to six months in county jail
Summary probation
Community service
Batterer’s program

Legal Defenses
If you have been charged with assault in California under Penal Code section 240, McDowell Defense can help. Powerful legal defenses to PC240 assault include:
Self-defense or defense of someone else
Inability to inflict force/violence on the other person
Lack of Intent – You did not act willfully
You have been wrongfully accused

What to do if you have been charged with assault in California
If you are facing charges of assault, you do not want to take your case on alone. These are very serious charges that can have permanent consequences affecting your freedom and your future in many ways. The skilled attorneys at McDowell Defense are very experienced in representing clients facing assault charges. Contact McDowell Defense at (213) 401-2322 for a free consultation with one of our attorneys.