Assault: Penal Code 240 PC

Assault: Penal Code 240 PC

Define “Assault.”

California Penal Code defines Assault as an unlawful attempt to cause a violent injury on another person and having the ability to do so.  

  1. You executed an act that would likely inflict force on someone else.
  2. You deliberately did so.
  3. You knew that executing such acts would result in the infliction of force on the other person.
  4. At the time of the assault, you had the ability to apply force to the other person.

 

What are the Penalties for Assault?:

Penalties for this violation may range from no jail time to six months in county jail or prison time is the case is filed as a felony.  There may also be fines of up to $1,000 or more.  Additionally, you may be required to partake in anger management classes or community service.

 

What are the Defenses to Assault Charges?

Because assault crimes don’t result in injury, a valid defense may be characterizing this as a “false accusation.” In that case, your attorney would try to persuade the prosecutor and the jury [if you get to trial] that the “victim” is lying.