Penal Code 240: Assault Defined

Under California law, for a defendant to be convicted in a criminal jury trial of assault, the prosecution must prove all of the following:

1. The defendant acted in a such a way that it was likely to result in the use of force against someone else;
2. The defendant did so willfully;
3. The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in the application of force against another person; AND
4. When the defendant acted, she or he had the ability to apply force to the other person.

Penal Code 240 is a misdemeanor and prosecutors will charge a defendant with this crime when the assault does not cause significant injury to the victim.

Although the phrase “assault and battery” is often used on TV and in the movies, they are two separate crimes. If the assault caused an injury to the victim, prosecutors will typically charge the defendant with battery (PC 242.)

Penalties 

If you are convicted of assault, a violation of Penal Code 240, you could face:

1. Up to six months in jail
2. Up to a $1000 in fines plus penalties and upwards (this can total to well over three times the base fine.)
3. Informal probation for up to 3 years
4. A treatment program such as anger management classes

However, many of these penalties can be negotiated. Often, defendants feel pressured to accept the first offer the prosecutor gives. A defendant should NEVER accept an offer before consulting an attorney. A skilled attorney may be able to negotiate the best possible outcome for your case. 

Defenses

There are numerous legal defenses you can use to fight a charge of Penal Code 240. These include:

1. You acted in self-defense
2. You acted in defense of someone else
3. You did not act willfully or with the requisite intent
4. You were unable to carry out the assault

Assault with a deadly weapon (PC 245)

Prosecutors will charge a defendant with a violation PC 245 if the defendant committed assault and used a deadly weapon (like a gun, knife, or baseball bat) or other means of force likely to cause serious bodily injury.

Assault with a deadly weapon is a “wobbler” which means it can be charged as a felony or a misdemeanor depending on the circumstances of the case and the defendant’s criminal record. If it is charged as a felony, it is considered a violent felony and a “strike” under the California Three Strikes Law.

A misdemeanor conviction could carry a penalty of up to one year in county jail.

A felony conviction could carry a penalty of up to four years and a fine of $10,000.

If you or a loved one is facing an assault charge, contact Hunter Legal Group today at (424) 388-0169 or by filling out the form below.