The State of California does not have a specific charge of Third Degree Assault in its criminal code. Instead. California categorizes certain offenses, such as simple assault, as misdemeanors and more severe conduct, such as assault with a deadly weapon, as a higher degree of felony or as a specific felony.
The penalties that a defendant in California may face will depend on the circumstances of the case and the specific code section that was violated. In California, simple assault or battery can involve spitting on another individual, poking them, or other minor unwanted touching.
It is typically charged as a misdemeanor. If a defendant is convicted of misdemeanor assault in California, they can face up to six months in jail, criminal fines of up to $1,000, and probation.
More serious offenses, which may be referred to in other jurisdictions as 2nd Degree or Aggravated Assault, can include:
- Assault with a deadly weapon
- Assault causing serious injury
- Assault on a peace officer
These offenses may be charged as either misdemeanors or felonies in California. California has a system of wobbler offenses, which will be discussed further below.
Many people are familiar with the terms assault and battery as well as crimes being categorized into degrees, such as 1st, 2nd, and 3rd. Although California does not use these specific degrees, it may be helpful to further understand systems in other jurisdictions.
Assault is an act that is intentional and causes another individual to be in fear of imminent bodily harm or an offensive touching. It can be both an intentional tort and a criminal offense. This means that assault may be the basis for civil lawsuit and the basis for criminal charges.
Every state in the U.S. has a criminal statute for assault, allowing assault to be prosecuted in state court and punished by jail time and criminal fines. It is common for states to divide assault into degrees.
Even though the exact elements of assault can be different in each jurisdiction, the degrees are typically:
- 1st Degree Assault: Intentional infliction of fear of serious bodily harm or intentional infliction of fear of injury caused by a deadly weapon.
- 2nd Degree Assault: Knowingly inflicting fear of serious bodily injury or knowingly inflicting a fear of injuries with a deadly weapon.
- 3rd Degree Assault: Reckless infliction of fear of serious bodily injury or recklessly causing a fear of injury through the use of a deadly weapon.
3rd degree assault is usually the least serious category in most jurisdictions. This means, if a defendant is convicted of this offense, they will likely receive the least severe punishment.
If an individual has any questions about the exact definition of assault in California and whether the facts of their case will support a misdemeanor or felony charge, it is essential to schedule a California lawyer consultation.
What Are the Criminal Penalties for Third Degree Assault in California?
As previously noted, California does not have a 3rd Degree Assault category. In California, a defendant who is convicted of misdemeanor assault, which includes simple assault, may face up to six months in county jail, criminal fines of up to $1,000 probation up to three years, and community service.
A defendant may face felony assault charges if there are aggravating factors, such as assaulting a firefighter, police officer, EMT, or other protected individual. If a defendant is convicted of felony assault, they may face at least 16 months to four years in state prison, criminal fines up to $10,000, and probation.
In other states that use degree categories, it is common for 3rd degree assault to be categorized as a Class A misdemeanor. Class A misdemeanors are the most serious category of misdemeanors.
It is important to note, however, that in some states, 3rd degree assault may also be a felony, depending on the facts and circumstances of the case. If this occurs, the defendant will face harsher penalties and larger criminal fines.
Aggravating factors may impact the sentence that a defendant receives. Examples of what may be considered aggravating factors can include having repeat assault convictions, the degree of harm that was inflicted upon the victim, whether a weapon was used during the commission of the offense, and characteristics of the victim, including whether they were a minor, disabled, or a protected individual.
If a defendant has multiple felony convictions, they may also be subject to California’s Three Strikes Law. Under this law, for a second violent felony conviction, the defendant’s sentence is doubled.
For a third felony conviction, a defendant may face a minimum of 25 years to life, even for a non-violent felony conviction if the prior convictions were for violent felonies. In addition, felony convictions are much more difficult to have expunged, or removed, from an individual’s criminal record.
What Are “Wobbler” Crimes in California?
In California, there are criminal offenses that are classified as wobbler crimes. This means that they may be charged as either a misdemeanor or as a felony, depending on the circumstances of the case.
In general, the prosecution will decide whether to charge a defendant with a misdemeanor or a felony crime. As previously discussed, assault is usually a misdemeanor in California but, if certain facts are present, the offense may be a felony.
A California lawyer can explain the concept of wobbler crimes in the state as well as negotiate with the prosecution for the possibility of having felony charges reduced to misdemeanor charges, when possible.
Legal Defenses for Third Degree Assault Charges
Depending on the facts and circumstances of a case, there may be certain criminal defenses a defendant will be able to raise in court if they are facing assault charges, such as:
- Lack of evidence to prove each element of the offense
- Self-defense
- Intoxication
The lack of evidence defense is used when a defendant argues that the prosecution cannot prove each element of the offense beyond a reasonable doubt. For example, if the prosecution must prove the defendant acted recklessly and they are not able to, the defendant can argue that in their defense.
Self-defense is commonly used as a defense to assault charges. To use this defense, a defendant cannot be the party who instigated the issue or situation. The defendant can only have used an amount of force that was proportionate to the amount of force that was used against them.
In certain situations, intoxication may be used as a defense, although not a complete defense, if a defendant was intoxicated when the assault occurred, if the intoxication interfered with their ability to act intentionally. This means it can only be used to negate the specific intent requirement for more serious assault charges. Involuntary intoxication can be a stronger defense.
It is possible that other defenses may be raised, depending on the circumstances of a case. A defense may not be complete but it can result in a lighter sentence or a reduction in charges against a defendant.
Should I Hire a California Lawyer for Help With Third Degree Assault Charges?
If you are facing any type of assault charges in the State of California, it is very important to consult with a California criminal defense lawyer as soon as you can. Being convicted of assault can have a serious impact on many different aspects of your life.
Your defense lawyer will explain the case against you, what defenses you will be able you use, and represent you in court. Use the free attorney-client matching services provided by LegalMatch to find a California criminal defense lawyer in your area in as little as 15 minutes today.
