Assault in California: Definition and Penalties

The California Penal Code defines assault as the unlawful attempt, together with the present ability, to cause a violent injury to another person. For example, one individual might throw a heavy object, e.g., a brick, at another individual that does not strike the targeted victim.

This is still an assault, because it was an unlawful attempt to cause a violent injury to another, coupled with the present ability, the ability to throw the brick at the victim. The brick could have struck the victim and if it had, the victim would have suffered physical injury. A California lawyer consultation would help a person understand how the crime of assault is defined.

The phrase, “assault and battery” is often used. In California, assault and battery are separate and distinct crimes. Battery consists of the actual use of unlawful force or violence against someone else as opposed to just an attempt to do so.

What Are the Elements of Assault in California?

For an individual to be convicted of assault in California, the prosecution must prove beyond a reasonable doubt the following four elements of the crime:

• Application of Force: The perpetrator’s conduct was such that it was likely to result in the application of force to another individual. The application of force threatened would not have to be strong. The threat of applying force in a way that would be rude or offensive would be sufficient.
• Willful Action: The perpetrator acted willfully and not merely negligently or recklessly.
• Awareness: The perpetrator knew that a reasonable person would believe that their conduct would likely result in the application of force to another individual. The perpetrator does not have to have intended to break the law, hurt someone or gain some kind of advantage, e.g., in a fight. They simply need to attempt to make physical contact with the victim.
• Present Ability: The perpetrator had the ability to apply force to another individual at the time they engaged in the act of assault.

It should be noted that in some other states, the crime of assault, especially 1st-degree assault, is viewed as a more serious crime. In some states, 1st-degree assault law defines a crime in which a perpetrator intentionally inflicts serious bodily injury to another person. It is not just a crime of attempt as it is in California.

The specific definition of first-degree assault differs from state to state, but in some states, it involves acts such as intentionally causing a person to suffer a broken bone, organ damage, or disfigurement. It may also include situations where the victim was intentionally exposed to a chemical or circumstance that might have resulted in death or serious bodily injury. Of course, those actions would be criminal in California also, but they would not constitute assault.

What Are Examples of Assault in California?

A common form of simple assault is to throw an object at another person. It might be a rock or a brick or a tool of some kind. Throwing any item at a person that could strike them with force could qualify as assault if it were done willfully and intentionally.

Attempting to throw a punch, slap or kick another person if done willfully and intentionally would also qualify as an assault. Again, the perpetrator might not make contact with the victim, it is the attempt that makes the perpetrator guilty of assault.

Do You Have To Hit Someone To Be Guilty of Assault in California?

A perpetrator does not have to have physical contact with the victim to be guilty of assault. They must have the ability to inflict physical injury, but they do not have to have inflicted physical injury in fact to be guilty. In California, if they do in fact inflict physical injury, they have perpetrated a battery, not an assault.

What Is the Punishment for Assault in California?

Simple assault is a misdemeanor punishable by up to 6 months in jail and payment of a fine of as much as $1,000. The sentence could be doubled, i.e., 12 months in jail and a fine of $2,000, if the victim is an on-duty law enforcement officer.

This punishment is less harsh than is the penalty for assault with a deadly weapon (ADW) as defined by the California Penal Code. Assault with a deadly weapon is what is referred to as a “wobbler” crime. This means that it can be charged and prosecuted as either a misdemeanor or a felony. The punishment would be as follows:

• If the defendant is convicted of a misdemeanor ADW, they could be sentenced to a maximum of 1 year in jail and payment of a fine of $1,000.
• If the defendant is convicted of a felony ADW, they could be sentenced to a varying number of years in jail.

Are There Any Defenses to Assault Charges in California?

There are at least four possible defenses that have been successful in cases involving assault charges as follows:

• Lack of Ability to inflict Physical Injury: The prosecution must prove that the defendant had the ability to inflict physical injury on the victim at the time the crime was committed. If the defendant can show that they did not, in fact, have this ability, they would defeat the prosecution’s case. A jury would have to find the defendant “not guilty.”
• Self-Defense or Defense of Others: Self-defense or defense of others can defeat a prosecution for assault if the following is the case:
  • The perpetrator reasonably believed that they or someone else was in imminent danger of suffering physical injury or being touched unlawfully;
  • The perpetrator reasonably believed that the immediate use of force was necessary to defend against threat of danger; and
  • The perpetrator used only the amount of force that was reasonably necessary to defend against that threat.

It is important to keep in mind that words alone, however offensive or threatening they may sound, do not justify an assault.

• Lack of the Required Intent: The actions of the perpetrator may have been done accidentally or as the result of a misunderstanding. The actions may have been misunderstood by the victim. A California lawyer would be able to identify and locate additional evidence that would establish that the perpetrator did not act intentionally or otherwise have the required intent to be guilty of assault.
• False Accusation: The crime of assault does not involve a perpetrator inflicting an actual injury on the victim. It is a crime of attempt only. For this reason, it is entirely possible that a claimed victim could falsely accuse the perpetrator of an assault. Proving such a defense could be challenging, but a defendant might be able to produce evidence to show that the victim may have been motivated by a wish for revenge or jealousy.

A person who has been arrested for assault should talk to a California lawyer as soon as possible. In some cases, a lawyer can contact a prosecutor before a charge is formally filed. The lawyer might be able to persuade a prosecutor not to charge their client at all. This would be the best possible outcome.

Do I Need a California Attorney for an Assault Charge?

If you have been charged with assault, you want to talk to a California assault lawyer as soon as possible. Your lawyer will be able to review the facts of your case and identify any possible defenses you may have. In addition, your lawyer will be able to identify weaknesses in the prosecution’s case. With this information, your lawyer will be able to negotiate in your best interests.