The crime of assault is committed when a person unlawfully attempts to violently injure another and has the present ability to do so. There are different forms of assault, including simple and aggravated assault, which the prosecutor charges as a misdemeanor or felony, depending on the facts of a case. Generally, assault is a misdemeanor, punishable by up to 6 months in jail and a fine of up to $1,000. If there are aggravating factors in your case, the district attorney can bring felony charges against you, punishable by a prison sentence and a hefty court fine.
If you face assault charges in Los Angeles, it is advisable to consult with a competent criminal defense attorney. At Leah Legal Criminal Defense, we can advise you on your legal options, guide you through the court process, and mount a solid defense against your charges. You will likely enjoy favorable results in your case with our attorneys’ help.
Legal Meaning of Assault Under California Law
Assault is the unlawful attempt to use force or violence against a person, with the present ability to harm the person. It may happen when you throw something like a rock at someone with the intent to harm them, but then the rock misses and the person is not hurt. Even though assault does not result in injury, the attempt to harm another person should not be taken lightly. That is why prosecutors file misdemeanor charges for simple assault cases, which are punishable by jail time and a court fine. You will likely receive a heftier sentence if the victim of your crime is a protected person, such as an on-duty peace officer or police officer.
“Assault” is sometimes used interchangeably with “battery.” The truth is, these are separate offenses under California Law. Battery is the actual infliction of unlawful harm against another person, while assault is the attempt to inflict illegal harm. Simply put, assault is an attempted battery, while battery is an accomplished assault. The two offenses are also punished differently, with penalties for battery being harsher than those for simple assault.
Assault charges do not automatically make you guilty. There are elements of this crime which the prosecutor must prove during the trial to get a guilty verdict. The elements make up the legal definition of the crime. They include the following:
- You did something that could have resulted in the use of force or violence against a person
- Your actions were willful and unlawful
- You were aware that a reasonable person would know that your actions can result in the unlawful use of violence or force against another person.
- You had a present ability to use force or violence on the victim
It is essential to understand these elements well, to know the nature and severity of your actions.
Use of Force or Violence Against a Person
Assault is an attempt to use force or violence against a person. Use of force or violence means an offensive or harmful touch on another person. The touch can be slight or severe, as long as it is offensive or rude.
Also, assault can happen even if the touch does not, or is not likely to result in an injury. What matters is whether it is offensive or rude.
Also, the touch does not have to be direct, on the victim’s body or skin. You can establish contact with another person indirectly by using an object, such as a cup, a rock, or even a piece of furniture.
What matters is that you established contact with the victim, and that the contact was offensive or rude and could have caused injury.
Example 1: In the middle of an argument with his boss, Mark angrily pushes a chair towards his boss as he storms out of the office. Although the chair does not hurt Mark’s boss, Mark’s actions are offensive and rude. Also, if he had pushed the chair harder, he could have injured his boss. In this case, Mark can be convicted of assault.
Example 2: At work, Terry loses her temper in an argument with a colleague and spits in the colleague’s face. Although spitting is unlikely to injure the colleague, it can constitute assault because of the offensive or rude manner in which Terry does it.
Because of the many ways in which assault cases happen, prosecutors and judges handle them case by case. However, a guilty verdict is obtained only if the prosecutor proves all the elements of the case beyond a reasonable doubt.
Also, remember that assault does not always result in the application of force to the alleged victim. All you need to do is act in a manner that would likely result in the use of force or violence against the person. That is all the prosecutor needs to fight for a guilty verdict.
For example, in the first example above, if Mark and his boss were arguing over the phone, or at a considerable distance, and Mark angrily pushed a chair, there is no way his actions would harm the boss. This will not result in a guilty conviction for assault.
A Willful Act
Assault involves a willful act, or an action that you commit deliberately, or purposely, and not accidentally. The prosecutor must prove that, even if you did not intend to hurt the person, your actions were deliberate or willful. However, an intentional act does not always mean that you intend to harm the alleged victim, break the law, or gain an advantage over the victim or anyone else.
Example: While walking out of an argument with his wife, John slams the door behind him. Unbeknownst to him, his wife, Jane, is right behind him. The door almost hits Jane in the face, which could have caused her to sustain a serious injury.
In this case, John’s actions are not deliberate but accidental. He did not deliberately slam the door to injure his wife.
The Knowledge that Your Actions Can Hurt the Victim
An assault conviction requires the prosecutor to prove that you were aware that your actions could have led to the application of violence or force against the other person. This can be the case even if you did not intend to harm them. What is required is your knowledge that your actions under those circumstances could have hurt the other person.
Example: If, in the heat of an argument, you pick a substantial rock and throw it at your opponent, it counts as assault if you know that the rock can actually hurt them. If, on the other hand, you throw the rock on the other side of your opponent in anger, you are not guilty of assault if you know that there is no way the rock will hit them.
Types of Assault Charges in California
Assault is a general offense, with different ways in which it can be committed. Prosecutors consider the circumstances of your case to determine how to file your assault charges. Here are the different types of assault and their legal implications:
Simple Assault
This is the general offense of assault as provided under PC 240. Simple assault is a misdemeanor, and it happens when you threaten or attempt to injure another person unlawfully and violently. You will likely face simple assault charges if you threaten to use violence or force against a person and have the present ability to injure them, but do not harm them in any way.
Aggravated Assault
This kind of assault is prohibited under PC 245. It happens when there are aggravating factors in your case. Aggravating factors are specific circumstances or facts of a case that increase its severity, your culpability, or the resulting harm. They trigger a harsher penalty for an otherwise lenient offense. Examples of aggravated assault include assault with a dangerous weapon and assault resulting in a significant bodily injury. Depending on the facts of your case and your criminal history, the prosecutor can file misdemeanor or felony charges for aggravated assault.
Assault with an Intent to Commit a Felony
If you attempt to unlawfully and willfully injure a person in an attempt to commit a felony, such as mayhem or rape, the district attorney can file felony charges.
Domestic Assault
This is the type of assault that is committed against a person with whom the perpetrator has an intimate relationship. The victim of domestic assault can be a spouse, cohabitant, domestic partner, the other parent of the perpetrator’s charge, or someone the perpetrator had an intimate relationship with.
Sexual Assault
This refers to any non-consensual sexual contact with another person. It is a serious offense that can result in felony charges.
Assault on a Peace or Protected Officer
Assault becomes a more serious crime if it is committed against an on-duty peace officer or a protected officer. These are special people who offer special services for public benefit, such as maintaining law and order or providing emergency medical services. They include police officers, firefighters, EMTs, court and correctional officers, and animal protection officers.
Penalties for an Assault Conviction in California
Remember that assault is generally a misdemeanor, but the DA can file felony charges if there are aggravating factors in your case.
Penalties for Simple Assault
A simple misdemeanor conviction, under PC 240, is punishable by the following penalties:
- Six months in jail, or
- Misdemeanor probation for between one and three years
- $1000 in court fines
Penalties for Assault with a Deadly Weapon
If you are convicted of assault with a deadly weapon under PC 245(a)(1), the charge becomes a wobbler, meaning that the prosecutor can file felony or misdemeanor charges against you. This depends on the facts of your case and your criminal history.
If you commit assault using any other deadly weapon other than a firearm, such as a knife, the prosecutor can file misdemeanor or felony charges against you. A misdemeanor conviction is punishable by up to 1 year in jail, probation, and a $1,000 fine. A felony conviction is punishable by two, three, or four years in prison and by a fine of $10,000.
If you use an ordinary firearm, like a pistol or revolver, to commit assault, the crime is still a wobbler. A misdemeanor conviction is punishable by up to 1 year in jail and $1,000 in court fines, while a felony is punishable by up to 4 years in prison and $10,000 in court fines.
If you use a semiautomatic gun, a machine gun. If you use a BMG rifle or an assault rifle to commit an assault, the prosecutor will file felony charges against you. This is punishable by 6, 9, or 12 years in prison.
If you use a deadly weapon to assault a peace officer or a protected officer while the officer is on duty, the prosecutor will file felony charges against you. This is punishable by up to five years in prison if you used any other deadly weapon other than a firearm, and a maximum of 12 years if you used a gun.
Penalties for Assaulting a Protected Officer
Remember that peace officers are individuals who provide critical services to the public. Assaulting a protected officer while the officer is in the line of duty can heighten your assault charges and penalties. This, too, is a wobbler offense. If the prosecutor files misdemeanor charges against you, you could face a prison sentence of one year and up to $2,000 in court fines. A felony is punishable by 16 months, 2 years, or 3 years in prison and $10,000 in court fines.
However, for a conviction to happen, the prosecutor must prove that you know or should have reasonably known that the victim was a protected officer and that they were in their line of duty.
Penalties for Assault with Intent to Commit a Felony
If you assault a person with the intent to commit a felony like rape, sodomy, or mayhem, the prosecutor will file felony charges against you. This is punishable by two, four, or six years in prison. If the alleged victim is a minor, and the felony you intended to commit was a sex crime, the court can sentence you to five, seven, or nine years in prison.
Other Consequences of a Conviction for Assault
Generally, a conviction for assault results in jail or prison time and a hefty court fine. However, there are other consequences you will face following a conviction. It helps to understand these, as they will affect various aspects of your life temporarily or permanently.
A conviction will result in a criminal record. This is a serious matter because criminal records are publicly accessible and affect various aspects of your life. People can efficiently run a background check on you, including important ones like potential employers, landlords, insurance providers, and loan lenders. The information they find can influence how they treat you, and this may affect how easily you find jobs, housing, insurance, or credit services.
A felony conviction for assault makes you a felon, which affects certain rights, including gun rights. Felons are prohibited from using, purchasing, or owning firearms in California. Thus, you are forced to give up your guns and firearm-related hobbies after the conviction.
An assault conviction can also result in a restraining order being issued against you. For example, if you assault an attendant in a retail establishment, the establishment owner is legally allowed to obtain a restraining order against you. This will bar you from entering the establishment again. Violating a valid restraining order can result in additional criminal charges.
How To Fight Assault Charges for a Favorable Outcome
The penalties and other consequences of an assault conviction are life-changing. However, you can avoid a conviction by putting up a strong defense during the trial. A skilled attorney can use evidence to counter the prosecutor’s case, use mitigating factors to influence the court’s final verdict, or negotiate for a plea deal with the prosecutor. That is why you need to hire an attorney immediately after your arrest for assault to plan your defense well. Here are some of the strategies that they can use for a favorable verdict:
You Lacked the Present Ability to Inflict Violence or Force
Remember that this is one of the critical elements of the crime of assault. In addition to attempting to use force or violence against a person, the prosecutor must prove that you had the present ability to accomplish the crime. If you lacked this ability, the prosecutor would not prove your case beyond a reasonable doubt. If they try, your attorney can counter their allegations by proving that this was not the case. A skilled attorney can argue that just because the alleged victim got scared by your actions, you did not have the present ability to hurt them.
Example: During an altercation between Timothy and Jude, Jude pretends to collect something from the grounds and throws it at Timothy. Jude is not guilty of assault because he did not collect or throw anything at Timothy. In this case, Jude does not attempt to hurt Timothy, and his actions are not criminal, even if Timothy is frightened and ducks away.
You Were Defending Yourself
You can be charged with assault for attempting to inflict force or violence against another person while defending yourself. When this happens, you can counter the allegations by proving that you only used force or violence to protect yourself from imminent danger. Using reasonable force in self-defense is allowed, as long as you use just enough force according to the nature of the harm you face. Your skilled attorney can prove that you believed that you were in danger and had to do something to defend yourself.
You can also use this defense strategy if you acted the way you did to protect someone else. However, you have to prove the following facts for the court to dismiss your charges:
- You reasonably believed that you or another person was in immediate risk of bodily harm
- You reasonably believed that reasonable force or violence was necessary to protect yourself or the person from that danger.
- You only used reasonable force according to the danger you faced
Your Actions were Accidental
The crime of assault happens when you willfully use force or violence against a person. You cannot be convicted of assault if your actions were accidental, or a misunderstanding between you and the alleged victim. If you did not intend to harm the victim, your skilled attorney will use this strategy to convince the court to drop your charges. They can argue that the alleged victim or witnesses misinterpreted your actions. They can present compelling evidence, including eyewitness testimonies or surveillance videos, to prove that your actions were not willful.
You Are Falsely Accused
If the alleged victim is falsely accusing you of assault, you should put up a fight to avoid getting a conviction for a crime you did not commit. A false accusation of assault is possible since there is usually no compelling evidence of assault, like a physical injury. The alleged victim may be accusing you of a crime because they are jealous of you, out of anger, or desire revenge. Unfortunately, a false accusation can easily result in a conviction if you do not have a solid defense.
A competent attorney can gather credible evidence to counter your accuser’s allegations. They can interview eyewitnesses to ensure the actual truth of the matter comes to light. They may also use your previous communications with the alleged victim, including text messages and voicemails, to prove that things may not have happened the way your accuser alleges.
Find an Experienced Criminal Defense Attorney Near Me
If you face assault charges in Los Angeles, an experienced attorney can help you avoid a conviction. They can also help you navigate all complex court processes and defend your rights. An attorney gives you hope of a reasonable outcome and supports you through the most difficult time of your life.
We can help you with your defense at Leah Legal Defense Attorney. We are experienced in handling assault and battery cases and can employ the best defense strategies to achieve a favorable verdict. We will also ensure you understand your rights and legal options from the beginning of the court process. Contact us at 213-444-7818 to discuss your case and our services in detail.
