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California Penal Code Section 240 PC: Assault
California Penal Code Section 240 PC: Assault
Hey there! This article will give you the lowdown on California’s assault law, Penal Code Section 240 PC. We’ll break it down in simple terms so you can understand what assault is, what the penalties are, and some key things to know if you’ve been charged. Let’s dive in!
What is assault under California law?
Basically, assault is when someone tries to use physical force against another person. California law defines it as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”[1]
So for it to count as assault, the person has to:
- Try to physically attack or injure someone
- Have the ability to actually do it
- Not act in self-defense or have some other legal justification
It doesn’t matter if they succeed in injuring the other person or not. Just attempting it is enough.
What are the penalties for assault in California?
Assault is charged as a misdemeanor offense. If convicted, penalties can include:[2][3]
- Up to 6 months in county jail
- A fine of up to $1,000
- Both jail time and a fine
- Probation
In some cases, assault charges can be reduced to disturbing the peace, which has lighter penalties.
What should I do if I’m charged with assault?
First, don’t panic. Here are some key things to keep in mind:
- Get a lawyer. An experienced criminal defense attorney can help get charges reduced or dismissed.
- Don’t talk to the police without your lawyer present.
- Your lawyer may argue you acted in self-defense or the alleged victim is exaggerating.
- Consider alternatives like anger management classes or restitution.
- Be prepared to accept a plea bargain to get charges dropped or reduced.
The most important thing is to get legal help right away. A skilled lawyer will look at the evidence and figure out the best defense strategy for your specific case.
What are some examples of assault?
Here are a few scenarios that could potentially be charged as assault:
- Swinging a fist at someone. Even if you don’t hit them, swinging at someone shows you intended to use force and had the ability to cause injury.
- Lifting a bat as if you’re going to hit someone. Grabbing a weapon and getting ready to strike someone can be assault, even if you don’t actually swing it.
- Pointing a gun at someone. Pointing a loaded gun at someone indicates you could seriously injure them.
- Trying to hit someone but missing. The attempt itself is assault, regardless of whether or not you succeed in landing a blow.
As you can see, attempted force is enough. No injury has to result for it to be considered assault.
What defenses could potentially beat an assault charge?
There are a few defenses that your attorney may use to get assault charges dropped or reduced:
- Self-defense. If you were protecting yourself from harm, you may have a valid self-defense argument.
- False accusations. If the alleged victim is exaggerating or lying about what happened, this could undermine their credibility.
- Mistaken identity. If evidence shows you weren’t the person who committed the assault, the charges should be dismissed.
- Mental illness. You may not be legally responsible if you were having a psychiatric episode.
An experienced criminal defense lawyer will look at all the evidence and figure out how to build the strongest defense.
Key Takeaways
- Assault is attempting to injure someone else unlawfully.
- It’s a misdemeanor with up to 6 months in jail.
- Get a lawyer immediately and don’t talk to police.
- Self-defense or false accusations may beat the charges.
I hope this overview gives you a better understanding of California’s assault law! Let me know if you have any other questions.
References
[1] California Code, Penal Code – PEN § 240