Assault vs. Aggravated Assault in CA: What’s the Difference?

When facing assault charges in California, it's imperative to understand the difference between simple and aggravated assault. Both of these crimes involve the threat or use of force to produce great bodily injury, but the potential consequences can vary based on a number of factors. California law is very clear - both of these crimes are serious. Those who are under investigation for these crimes must have legal advice and understand their rights.

Attorney Blair Goss at Goss Law in Sacramento can explain the penalties and differences between assault charges and aggravated assault charges. He can also explain assault vs battery in CA.

What Is Assault in California?

The definition of assault in California is determined based on the California Penal Code 240. This defines assault as the "unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." Something that is very important about assault is that physical contact is not necessary. But words or threats alone are not assault. The accused person must do an act that would directly and probably result in force being applied to someone, and must have the present ability to apply that force. Threats alone may be a different crime, such as criminal threats under PC 422.

Examples of Simple Assault

• Trying to punch another person but missing contact
• Raising a fist at someone and threatening great bodily injury
• Throwing an object at another person without actually hitting them

In most cases, a simple assault is a misdemeanor. Those who are convicted of simple assault could face up to six months in jail, a fine of up to $1,000, anger management classes, community service, and a criminal record showing a misdemeanor offense.

What Is Aggravated Assault in California?

Aggravated assault crimes are more serious than simple assault crimes. They typically have enhancing factors, which can turn a misdemeanor offense into a felony assault. Here are some examples:

• The use of a deadly weapon, including firearms, a knife, caustic chemicals, or even a car (vehicular assault)
• An assault that causes serious bodily injury
• Assaulting certain protected individuals like police officers, first responders, a school employee, a peace officer, and others.

Aggravated assault is generally charged under Penal Code 245. This Penal Code includes many other charges and sentences.

Common Forms of Aggravated Assault

• Hitting a person with a baseball bat and making actual physical contact
• Stabbing a person or attempting to stab them
• Striking a person and causing great bodily harm like a fracture, concussion, or other injuries
• Pointing a gun at another person and making a threat to cause serious bodily harm

Key Differences Between Assault and Aggravated Assault

Penalties for Aggravated Assault in California

In California, aggravated assault is seen as a "wobbler" offense. This means that the accused can be charged with a misdemeanor or a felony. Determining the charge depends on factors like:

• The severity of the victim's injuries
• Whether or not a weapon was used
• The identity of the victim (police officers, firefighter, elderly person, etc, comes with elevated charges)

If the accused person is charged with a misdemeanor, they can face up to one year in county jail, fines of up to $10,000, and possible probation and anger management classes.

If the accused is charged with felony aggravated assault, there are more severe penalties including two to four years in state prison and a felony permanently on their criminal record. Felony assault with a deadly weapon (PC 245(a)(1)) is a strike under California's Three Strikes Law. Felony assault with force likely to cause great bodily injury (PC 245(a)(4)) is generally not a strike, unless the person personally inflicted great bodily injury or personally used a weapon.

Felony convictions can lead to consequences other than criminal charges including immigration consequences, loss of gun rights, and difficultly finding a job or home.

Legal Defenses Against Assault and Aggravated Assault

A strong defense strategy tailored to the specific charges can mean the difference between a conviction and a prison sentence, and a lesser charge or even a dismissal. A criminal defense attorney in Sacramento will evaluate the facts of the case and consider defenses such as the following:

Self-Defense or Defending Another

If a person acted in a way to protect themselves or another person, an attorney can create a self-defense defense. Even if the person accused did inflict harm, as long as the force was reasonable, and they believed that they were in danger, self-defense is a lawful action.

Accident (No Willful Act)

Assault does not require an intent to hurt anyone. The prosecution must prove that the person did a willful act that by its nature would directly and probably result in force being applied to someone, that the person knew facts that would lead a reasonable person to realize this, and that the person had the present ability to apply force. Saying "I didn't mean to hurt him" is not a defense. But if the act itself was an accident and not willful, even if there is a significant injury, the attorney can argue there was no assault.

Mistaken Identity

If the person charged with the crime is a victim of mistaken identity, and the attorney can prove this, then it's likely that the charges would be dismissed.

False Accusation

In many cases, due to revenge or jealousy, a person may falsely accuse the defendant. The attorney will gather evidence to discredit witnesses and false claims.

No Present Ability to Cause Harm

For an assault charge to become an assault conviction, the defendant must have the ability to cause harm. Simply saying something, and not acting on it, is not enough to constitute assault.

Insufficient Evidence

Prosecutors must prove every part of the charge beyond a reasonable doubt. A criminal defense attorney may not have to do much at all if the case is already weak, and they can easily discredit a witness or share conflicting statements.

Why Legal Representation Matters

Assault and aggravated assault charges carry a lot of consequences. Even simple assault conviction can affect a person for many years to come.

An aggravated assault conviction is even more damaging. Some of the long term affects for a person convicted include the loss of civil rights, potential prison time, and a permanent criminal history with a felony conviction.

This is why it's so important to work with a California criminal defense attorney who understands state assault laws and how to navigate the court system. Having one who can also detail self-defense vs assault in CA can be beneficial.

Goss Law can help those charged with assault in California.

When you work with Goss Law, attorney Blair Goss will do the following:

• Investigate the facts of the case with great detail
• Interview witnesses and review available video evidence
• Challenge the prosecution's case
• Seek a reduction in charges or a dismissal, or negotiate a plea deal
• Prepare a strong defense for trial, if necessary

Those people who have been charged with any assault, from simple assault and domestic violence to aggravated assault and sexual assault, need the right legal council. Even if the defendant committed the crime and caused a substantial injury, a lawyer may be able to argue for a lesser sentence. Goss Law is available to work on any assault case. Contact Goss Law today for a free consultation with Blair.