Assault is one of the violent crimes in California. Most people confuse simple assault with battery, but these two are separate crimes prosecuted under different statutes. A conviction for simple assault attracts severe consequences that can have a lasting impact on your life.
At the California Criminal Lawyer Group in Fresno, we have an excellent understanding of California laws and are ready to offer the best services to anyone accused of simple assault. If you or someone you know has been arrested and charged for assault, our attorneys will analyze the facts of the case, plan the best defense strategy and help you obtain the best results. Please schedule an appointment with us today and learn how we can help you.
Legal Definition of Simple Assault in California
California Penal Code 240 is the statute that defines assault in California. The elements of the crime for assault are as follows:
- You did something which requires a direct application of force to another person.
- Your action was willful.
- While you were acting, you were aware that a reasonable person would believe that the action directly and probably requires applying force on that person.
- You had the present ability to apply force on that person.
From the definition provided above, several aspects stand out. Let's have a closer look at them for a better understanding.
Reason to Believe that the Action Could Have Led to Violence or Force
Your action doesn't have to cause physical injury to the alleged victim in an assault charge. Instead, the defendant must be aware that their action would have likely required the application of force at that moment.
For instance: Amy and John get into a divorce. They get into a heated argument over the custody of their son, Tommy. Amy grabs a vase and throws it to the wall near John's head and Tommy in a fit of rage.
In this example, although Amy had no intention of hitting John or Tommy, there is a good chance that both of them would have been hit and injured by the vase. Therefore, Amy could be reasonably charged with simple assault.
Willful Actions
In assault prosecution, your actions should be willful, not that you were acting under duress. You don't have the intention to break the law, gain any advantage, or hurt anyone else to consider a particular action as willful.
For instance: George and Greg decide to engage in a snowball fight. However, as they continue to play, Greg becomes frustrated since George evades every throw while taking the hit from him. In that case, Greg decides to make a bigger snowball by putting small rocks in the middle to travel fast.
Eventually, one of the pebble-laden snowballs hits George on his chest and breaks apart. George notices the pebble in the middle of the snowball. At this point, he could bring a simple assault against Greg because the stone would have hurt him, although it wasn't his intention.
Ability to Apply Force
It bears re-emphasizing that you don't have to use force against an alleged victim for simple assault to apply in California. You only need to understand that your action required force to be applied to be charged for simple assault. Look at this example for a clear understanding:
Kat goes tailgating before a big game on Sunday. As he's enjoying a few burgers with his buddies, some opposing team fans come up and jeer them. Kat tries to confront them and throws a punch on the leader but misses.
In this situation, Kat could still be charged with assault since his action had the physical ability to harm the opposing team's leader, although he wasn't hurt.
Difference Between Assault and Battery in California
As mentioned above, most people tend to confuse assault and battery, especially since the phrase "assault and battery" is usually used and suggests the same thing.
However, in California, assault and battery are two different crimes. The difference between the two falls under their legal definition. Under Penal Code 240, assault refers to an action that MAY inflict physical or unwanted touching on another person.
On the other hand, Penal Code 242 defines battery as the ACTUAL infliction of force or violence on another person.
Therefore, you can say that assault doesn't necessarily involve actual physical contact, but the battery does. You can also differentiate between the two by referring to assault as an "attempted battery," and battery as a "completed assault."
The Penalties of Simple Assault in California
Simple assault is a misdemeanor punishable by:
- Summary or misdemeanor probation.
- A maximum of six months in county jail.
- A maximum fine of $1,000.
Penalties for Assault on a Law Enforcement Officer or Emergency Personnel
The penalties for simple assault on emergency personnel or law enforcement officers are steeper. Specifically, you'll face heightened penalties if you assault any of the following professionals while performing their official duties:
- Lifeguard.
- Firefighter.
- Peace officer.
- Process server.
- Traffic officer.
- Code enforcement officer.
- Search and rescue member.
- Animal control officer.
- Emergency medical technicians or paramedics.
- A nurse providing emergency medical care or doctors.
If your assault victim falls under this category, and you reasonably knew about the professional status of that particular person, you'll face the following penalties:
- A maximum of one year in county jail.
- A maximum fine of $2,000.
The maximum fine can also increase to $2,000 if you're alleged to have assaulted a parking control officer since they are obvious targets of assault.
Terms and Condition of a Misdemeanor or Summary Probation
As part of your conviction, misdemeanor or summary probation means you don't have to meet with the probation officer or check in with the probation department. You'll only be answerable to the judge who made the conviction. At the same time, you'll have to adhere to the following terms and conditions:
- Attend classes like anger management classes.
- Follow orders like obeying a protective order.
- Performing in a community service.
- Paying restitution.
Misdemeanor probation lasts for a maximum of one year, though it can last longer, depending on the judge's verdict. Failure to comply with the conditions stated above becomes a misdemeanor probation violation.
A violation can lead to any of the following:
- A warning and reinstatement of the probation.
- Modification of the probation, but with stricter conditions.
- Revocation of the probation and order to serve your jail term to the maximum timeline.
Legal Defense Strategies in Simple Assault Charges
Nobody wants to pay a fine or go to jail. Apart from that, no one wants "assault" on their criminal record since it makes people think that you're a violent person. Therefore, you must have relevant means to beat your assault charges. One of the ways to do this is by adopting appropriate legal defense strategies. Here are some of the legal defenses that you can use.
Lack of Ability to Inflict Force or Violence
One of the elements of simple assault charges is being in a position of inflicting pain on the alleged victim. Therefore, if you don't have this ability, you're not guilty of assault. Let's look at the following example:
Diana decides to go shopping for a TV on a Black Friday. However, there's only one TV left, which Tiffany tries to reach out to. Both of them get into a fighting match on who will get it first. Luckily, a security officer comes over and tries to restrain them. Regardless of the officer's intervention, Diana tries to take a swing at Tiffany.
Neither Diana nor Tiffany would be charged with assault in this situation, even if Diana took a swing at Tiffany. Both of them couldn't use force since the security officer had gotten in their way.
The Action was Not Willful, or There Was No Proper Intent
Your action to inflict violence or force must be willful to be charged with simple assault. There are some situations where an action does not meet the requirement of prosecution, even if it's unlawful. Several reasons can cause a situation that can be misinterpreted as an assault on an alleged victim. Look at the example below for a better understanding:
Stephen walks into a fully-packed bus and grabs on the rail with a few other people. Unfortunately, an animal runs in front of the bus, forcing the driver to slam the breaks. As the bus lurches, Stephen stumbles and instinctively grabs a woman's shoulder while trying to maintain balance.
The woman thinks that the touching is inappropriate and files assault charges against Stephen. However, Stephen can use this defense since his actions weren't willful. He tried to avoid falling, and he didn't intend to touch her, making this legal defense valid.
False Accusation
You can be falsely accused of simple assault due to several reasons. First, a false accusation can be a suitable legal defense strategy since assault doesn't require physical contact. Second, a person can be falsely accused due to reasons like:
- A misunderstanding.
- Revenge.
- Jealousy.
- Anger.
Here is an example that will help you understand this legal defense strategy clearly.
Tina and George have been dating for a few years. One day, they both realize that they have been cheating on each other, ending in a breakup. However, George rationalizes that since he slept with a random woman while Tina slept with his best friend, he should revenge on her. Therefore, he goes to the local police station and files an assault charge against Tina.
In this situation, an attorney should see through it and make sure that Tina doesn't face any conviction for the alleged crime and probably file a charge for a false report of a crime.
Your Action was in Self-defense
In self-defense, the following must be true:
- You must have reasonably believed that you're in imminent danger.
- And there was a reason to think that your action was suitable to defend yourself against the imminent danger.
- You used enough energy that could only protect you from the danger.
Here is an example that clearly defines self-defense as a legal defense strategy for your simple assault charges.
Peter is walking from the gym and sees his girlfriend out on a date with a friend. He walks into the restaurant and calls out her girlfriend's name. The waiter, upon seeing this, rushes and tackles Peter to stop any advancement. Peter falls and hits his head on a chair.
Although Peter can bring charges against the waiter, he can logically argue that his actions were in his defense of others. The tackle was necessary to stop Peter from injuring his girlfriend or friend.
Crimes Related to Assault in California
Several other crimes can be charged along with assault in California. For instance, you can be guilty of assault and battery at the same time, even if you didn't inflict injury on the alleged victim. All that matters is succeeding in touching that person offensively.
Battery is a misdemeanor with the following penalties:
- A maximum fine of $2,000.
- Custody in county jail for a maximum of six months.
However, if you cause injury to the alleged victim, you'll face tougher penalties under California Penal Code 243(d): Battery Causing severe bodily injury. Violation of Penal Code 242(d) is a wobbler. A misdemeanor carries up to one year of custody in county jail, while a felony charge carries two, three, or four years of imprisonment.
Penal Code 245(a)(1): Assault with a Deadly Weapon
Assault with a deadly weapon refers to any assault that's committed with a deadly weapon like a knife or gun or by other means of force that would likely lead to substantial bodily injury.
Assault with a deadly weapon is a wobbler. A misdemeanor carries the following consequences:
- Custody in county jail for a maximum of one year,
- Custody in prison for two, three, or four years when convicted of a felony.
California Penal Code 415: Disturbing the Peace
California Penal Code 415 defines disturbing the peace as:
- Fighting in public.
- Disturbing others by making unreasonable noise.
- Provoking another person.
Disturbing the peace is a low-level misdemeanor. A conviction carries up to ninety days in custody. However, it can be treated as an infraction depending on the facts of the case.
If you're charged with California assault, and the evidence presented against you is weak, the prosecutor might agree to reduce your charges to disturbing the peace as a plea deal. This is a significant outcome of the defendant since disturbing the peace carries lighter penalties than assault.
California Penal Code 217.1(a): Assault on a Public Official
California Penal Code 217.1(a) defines “assault on a public official” as a simple assault committed against a public official. The assault can either be done in retaliation or prevent the officer from performing their official duties.
Under this statute, public officials include prosecutors, public defenders, judges, and elected or appointed executive officials or federal government workers.
Assault on a public official is a wobbler. A misdemeanor carries up to one year in county jail. On the other hand, a felony is punishable by 16 months, two years, or three years in prison.
California Penal Code 244: Assault with Caustic Chemical
Assault with a caustic chemical is a severe form of California assault. Under this statute, assault with caustic chemicals refers to throwing or placing any caustic chemical on another person's body to injure or disfigure that person.
Assault with caustic chemicals is a felony with two, three, or four years of imprisonment. Defendants might be required to pay restitution to the alleged victim as part of the sentence.
Vehicle Code 23110: Throwing an Object at a Vehicle
A violation of Vehicle Code 23110 occurs when a defendant throws an object to a motor vehicle that's on the street.
Prosecutors might choose to prosecute you under this law when all the facts of your case meet this requirement. However, a prosecution under this statute is different from simple assault since it requires the defendant to present the ability to use force to victims. Therefore, you can be prosecuted under this statute even if the rock couldn’t hit the vehicle or its occupants.
Throwing an object on a vehicle is usually charged as a misdemeanor. However, it can be prosecuted as a felony if there is a high possibility that the object could have caused severe injury and the defendant intended to inflict substantial bodily injury on the alleged victim.
Civil Lawsuits in California Assault Charges
An alleged victim of assault in California can sue the defendant for damages like lost wages or medical bills. A victim can file a civil lawsuit against you even when the court finds you innocent of the criminal charges.
You should also note that the prosecution doesn't need to prove the elements of the crime beyond a reasonable doubt in a civil lawsuit. They only need to prove the case by a preponderance of the evidence to file the charges against you.
For plaintiffs to recover their damage, they must prove the following:
- That you owned them the duty of care.
- You breached the duty through recklessness, negligence, or an intentional wrongful action.
- The defendants suffered damages due to the breach of the duty.
Your attorney can use the same defenses for assault charges in the civil lawsuit filed against you. This emphasizes the need to hire a criminal defense attorney to help you reduce the implications of both criminal and civil cases.
Tips for Choosing the Best Criminal Attorney
You probably now understand the importance of having a criminal defense attorney when you're facing assault criminal charges. However, you should know that every attorney is different. Taking time to see the best attorney guarantees excellent representation when your case goes to trial. Here are a few factors that you should consider to select the best criminal attorney.
Look for an Attorney Who's Responsive
Time is of the essence whenever you're facing criminal charges. That's why you should find an attorney who will get to work immediately after you reach out to them. A good lawyer should respond quickly and arrange a meeting with you within a day. If an attorney is quicker in answering your phone call or email, they'll probably be equally quick in defending you.
Trust Your Feelings
Evaluate how you feel about your prospective lawyer. You should choose whether you want a lawyer who acts as your advisor, who will explain your options and let you choose. If you're uncomfortable or feel pressured by your first choice, you should move to the next one.
Find Someone with Local Court Experience
You need to find someone with local court experience, apart from finding someone qualified in criminal law. The aspect of choosing a local attorney is something that's greatly overlooked. However, you need someone with local connections and relationships that can help you go a long way in fighting your criminal charges.
Find Your Attorney from Reputable Sources
You can learn more about any attorney from the internet. Some of the information that you find might be credible, while others are not. You can start by asking for referrals from your friends and relatives before you look into the internet. Ensure that your sources don't allow attorneys to remove bad reviews once they are posted. Some websites help attorneys to paint a rosy picture about themselves, which can easily mislead you.
Look for a Confident Lawyer, not an Arrogant One
When it comes to the law, there's always an element of the unknown. Your attorney cannot guarantee you specific outcomes to your case. Therefore, avoid an attorney who will promise to deliver quality results as a means to compel them to hire their services. Find an attorney who will build a strong case through preparation rather than fill you with promises that they can't guarantee.
Choose an Attorney Who's Willing to Take Time to Explain Your Options
The court can't make decisions related to cases out of a whim. Find an attorney who will take time explaining your options, from a plea bargain to sentencing. Every decision you'll be making in your case carries lasting consequences, and you need enough information to make the right choices.
Find an Assault and Battery Attorney Near Me
It's essential to retain a skilled attorney as soon as you're charged with assault. Your rights, freedom, and livelihood is at stake, and taking time to find an attorney might jeopardize your options. Our priority at the California Criminal Lawyer Group in Fresno is to establish the best legal defense strategies to help our clients achieve the best possible results. Contact us today at 559-712-8377 and learn how we can help you.
