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.

What Constitutes the Crime?

  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?

-Misdemeanor probation and

-Up to six months in county jail, or a maximum fine of $1,000, or both.

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.

-An imposing threat to your safety entitles you to defend yourself. This defense applies in a situation where you reasonably believed someone posed a threat to your safety, and used no more force than was necessary to stop it, attempted to use no more force than was necessary.

To speak with a knowledgeable attorney about your case, call Gurovich, Berk & Associates today for a free consultation (818) 205-1555.