Assault Laws in CA: A Comprehensive Guide

In California, one of the most serious crimes is assault. These charges come with severe consequences, and the law concerning these charges is very complex. An assault charge can bring misdemeanor charges or felony charges, and they are considered to be violent crimes, even if the alleged victim doesn't sustain injuries.

Anyone facing an assault charge must understand their legal rights. By reading and understanding this guide, those who are facing assault and battery charges in California will have a better idea of where they stand. They will better understand the penalties, possible defenses, and the legal nuances of these cases.

Attorney Blair Goss of Goss Law can represent those facing these serious charges and can also consult on how intoxication affects assault charges in CA.

What Is Assault in California?

California Penal Code 240 defines assault. To make it easy to understand, think of assault charges like this:

Assault is defined as an unlawful attempt and ability to commit violence on another person.

In California, assault charges can be handed to anyone suspected of violent injuries against another person, even if there is no physical harm. Just the attempt or threat of bodily harm can lead to an assault charge.

The Key Elements of Assault in CA

In order to convict someone of assault in California, the prosecution must prove a few things, beyond a reasonable doubt.

Under Penal Code 240 and the jury instruction CALCRIM 915, the prosecution must prove that:

• The defendant did an act willfully (on purpose). The defendant does not have to intend to hurt anyone or to break the law.
• By its nature, the act would directly and probably result in the application of force to someone. Any force counts, even the slightest touching if done in a harmful or offensive way.
• When acting, the defendant was aware of facts that would lead a reasonable person to realize the act would directly and probably result in force being applied.
• When acting, the defendant had the present ability to apply force.

The prosecution must also prove that the defendant was not defending themselves or another person, if that defense is raised.

Again, the defendant does not have to make actual physical contact. Just the threat of an assault is enough to be charged with things like domestic violence, sexual assault, battery assault, and other assault charges. Goss Law can explain the difference in assault vs battery in CA.

Types of Assault Charges in California

There are different types of assault charges in California, and each of them have a level of severity and penalties.

Simple Assault (Penal Code 240)

Simple assault is the least serious form of assault. Defining simple assault in the California legal system is pretty easy. It's an unlawful attempt, with present ability, to commit a violent injury on another person. No injury is required.

It is a misdemeanor charge that comes with a sentence of up to 6 months in county jail, and a fine of up to $1,000. Those sentenced may also have to do community service or probation.

Aggravated Assault (Penal Code 245)

Aggravated assault is similar to simple assault, but it includes the use of a deadly weapon during the process or a force that is large enough to cause great bodily injury. Examples of a deadly weapon include a knife, a firearm, or attacking someone in a way that will harm them.

The legal process of an aggravated assault depends on if it is a misdemeanor charge or a felony. A misdemeanor has the same potential charges as above, and if it's a felony charge, it could lead to up to 4 years in state prison and a fine of up to $10,000.

Assault on a Public Official (Penal Code 245(c))

When an assault with a deadly weapon or with force likely to produce great bodily injury is committed against a peace officer or firefighter who is on duty, Penal Code 245(c) applies and the penalty is 3, 4, or 5 years in state prison. Assaults on other public employees, such as school employees and EMTs, are covered by other sections (for example, Penal Code 241, 241.6, 243, and 245.5), which also carry higher penalties.

Assault With Caustic Chemicals (Penal Code 244)

This is a unique statute, but it does happen. This type of assault occurs when a person throws or places a harmful substance, like acid, on another person with the intent to cause imminent harm.

It is a felony punishable by 2, 3, or 4 years in state prison.

Assault With a Firearm

When a person uses a firearm during an assault, it also elevates the seriousness of the offense. A conviction here will possibly cause the person to serve a prison sentence, and they could lose their right to own firearms in the future.

Misdemeanor vs. Felony Assault in California

There are a few important distinctions between misdemeanor and felony assault in CA. Here are some of the factors that influence how a criminal charge is classified:

• If a weapon was used in the alleged offense
• The seriousness of the injury
• Identity of the victim. A public official will likely have an elevated charge
• The criminal history of a defendant

If the accused is charged with a misdemeanor, there might be fines to pay, a short jail sentence, or possible probation. A felony charge, however, can lead to a long prison term, high fines, and longer probation terms.

Related Offenses: Assault vs. Battery

People often confuse assault and battery, but they are two different offenses in the state. Assault is the attempt or threat to inflict an injury. Battery, on the other hand, is the actual contact with another person using force or violence. A person can be charged with both assault and battery if they first threaten someone, and then act willfully upon those threats.

Legal Defenses for California Assault Charges

Those who have been charged with assault in California have legal options to fight these charges. Common legal defenses include the following:

Self-Defense or Defense of Others

California law does allow the accused to claim self defense of themselves or others. If the defendant believed that there was imminent danger, and they used reasonable force to protect themselves or someone else, this can be a viable defense.

No Willful Act

Assault requires a willful act, though not an intent to hurt anyone. If the act was truly accidental, the prosecution cannot prove this element. A criminal defense lawyer in Sacramento can examine whether the evidence shows a willful act.

False Accusation

A false accusation may lead to a charge of assault. Commonly, this happens in domestic disputes or when sexual acts go awry. Gathering evidence to show that the alleged victim is unreliable or finding witnesses to support the accused can be a valid defense for those who are wrongly accused.

No Present Ability

It's also possible that the accused had no real ability to carry out a threat. For instance, if a person threatens another from behind a locked door, it's possible that the charge will not stick.

Constitutional Violations

Finally, if law enforcement officers violated the accused's constitutional rights, the prosecution may not have a case. This might occur during an unlawful search or if a police officer fails to read the accused their Miranda rights. A Miranda violation generally keeps out only the accused's own statements made during custodial questioning without the warnings. It does not suppress police reports or other witnesses' statements. Evidence from an illegal search or seizure can be suppressed under the Fourth Amendment.

Penalties and Sentencing Enhancements

In some cases, the sentencing can vary based on different aggravating factors:

• Using a deadly weapon during the assault
• If the victim suffers a serious injury
• The type of victim, i.e. minors, the elderly, and public officials often lead to enhanced charges
• If the accused has prior convictions

In cases of great bodily injury, or GBI, the courts may impose an enhancement that adds an additional three to five years in prison.

Also, its important to keep in mind that California has the "Three Strikes" law, which means even a minor felony assault charge could lead to many years in prison if the accused party already has prior convictions for serious or violent felonies (strikes).

Mandatory Sentencing Guidelines in California Assault Cases

Another important thing to remember is that California has specific mandatory sentencing guidelines, particularly in felony cases. A judge does have some discretion when handing down a sentence, but certain crimes do have a mandatory minimum sentence. These include assaults with a firearm or assaults with great bodily injury.

If a firearm is used in an assault, the judge in the case might add 3, 4, or 10 years to the sentence depending on how he firearm is used.

If the assault resulted in great bodily injury, a judge will typically add 3 to 5 years.

Finally, if the assault was related to gang behavior, it could add 2 to 15 additional years.

All of these enhancements are stacked on top of the base sentence, and that can substantially increase the jail time that is handed down.

Assault on Specific Victims

As mentioned, assault cases where specific people are victims are often more serious. California law ensures that if the victim is a public servant, such as a police officer, firefighter, teacher, doctor, nurse, or EMT, for example, the sentence might be even higher.

Juvenile Defendants

Minors may also have an assault or battery conviction, and in this case, it is commonly handled in the juvenile court system. When that happens, rehabilitation is often the sentence that is handed down. however, there are cases where a juvenile can be tried as an adult. This is specifically the case when weapons or serious injuries are involved in the crime.

Collateral Consequences

Criminal charges for assault are only some of the consequences. Collateral consequences may also come into play. These include civil lawsuits, which a victim may use to sue the defendant to cover medical bills, lost wages, emotional distress, and more.

The chances of winning a civil care is higher for an alleged victim, as the burden of proof isn't as high. In a criminal case, a conviction can only be handed down if the prosecution can prove the defendant was guilty beyond a reasonable doubt.

There are also more consequences that go beyond fines and jail time. For instance, there could be immigration consequences. An assault charge could be grounds for deportation or denying the person from becoming a citizen of the US.

Those who are convicted of felony assault also often get a lifetime ban on owning a firearm.

Finally, it can be more difficult to find a job or home with an assault charge on a person's record.

Examples of Assault in California

To fully understand how assault laws work in California, it can help to look at examples:

• Two men are in a heated argument, and one of them throws a bottle at the other. The bottle does not hit the other man, but the person who threw the bottle can still be charged with assault.
• A man enters a small deli, and he attempts to rob the store. He pulls out a gun and threatens to shoot the clerk if she doesn't give him the money. This can result in a felony assault charge.
• A teacher reprimands a student in the classroom. The student gets angry and shoves the teacher. The teacher wasn't hurt, but the student could be charged with assault with an elevated penalty because of the victim's occupation.

What to Do If You're Charged with Assault in CA

Those facing assault charges should do the following:

• Avoid talking about the case with law enforcement unless you are with a lawyer
• Gather evidence and witness testimony to support the case
• Work with a criminal defense attorney who understands how California assault laws work.

A California assault attorney can help their client in many ways:

• They will evaluate the facts of the case
• They will examine all of the legal elements of the case and create a defense
• They will negotiate with prosecutors to reduce or dismiss the charges
• They will represent their clients at trial, if necessary
• They will advocate for alternative sentencing, such as anger management classes

Having a good attorney can be the difference between spending years in jail or getting probation and alternative sentencing.

Goss Law is the Legal Representation Accused People Need

Assault laws in California are very confusing, and navigating the legal system is difficult. Attorney Blair Goss of Goss Law is focused on protecting the rights of his clients, including those facing assault charges.

The best course of action is to give Goss Law a call as soon as possible after an arrest for assault, or if a person believes they will be charged with assault. The sooner he can get on the case, the more time there is to prepare a defense. Goss Law offers a free consultation, so get in touch, today.