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.

Goss Law is a firm in Sacramento that has a full understanding of the law in California, as well as the penalties and differences between assault charges and aggravated assault charges. They also understand 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. An accused person only has to threaten bodily harm against the alleged victim and have the ability to do the crime.

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

Factor	Simple Assault (PC 240)	Aggravated Assault (PC 245)
Severity	Misdemeanor	Misdemeanor or Felony (Wobbler)
Physical Contact	Not required	Often involves actual contact
Injury Level	None to minor	Serious bodily injury or risk of it
Weapon Involvement	Typically none	Often involves a deadly weapon or firearm
Penalties	Up to six months in jail	Up to four years in prison (if felony)

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, a strike under California's Three Strikes Law, and a felony permanently on their criminal record.

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. Working with these criminal defense attorneys in Sacramento will evaluate the facts of the case and use one of the following possible defenses:

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.

Lack of Intent

Both assault and the more severe form, aggravated assault, require intent. This means that a person charged must be proven to have the intent of causing serious injury. If the action was an accident and not an intentional act, even if there is a significant injury, the attorney can use a lack of intent defense.

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 is a law firm who can help those charged with assault charges in California.

When you work with this team, they 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, get the case dismissed, 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, it's possible to get a lesser sentence with a good legal team. Goss Law is available to work on any assault case. Contact the team today for a free consultation.