If you have been arrested for the crime of Assault, contact experienced criminal defense lawyer Max Gorby at (323) 477-2819.
California Penal Code 240 PC — Assault. “ASSAULT DEFINED. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
California Penal Code 241 — Assault, punishment. “(a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.”
Consent may be a complete or partial defense to assault.
Four elements were required at common law:
- The apparent, present ability to carry out;
- An unlawful attempt;
- To commit a violent injury;
- Upon another.
The crime of “assault” in California is usually filed as a misdemeanor since there was not actual contact, unless committed against a police officer. Assault is an act that is likely to result in the attempt to commit a battery. There is no requirement that an assault must actually result in violence or a forceful act upon another.
