An assault charge is a serious charge, and it can carry life-changing consequences to those who have been convicted. However, not all assault charges are the same, and some have more severe penalties than others.
Under California law, an assault charge is either a simple assault or an aggravated assault. There are important differences between how they are defined by the law, how they are charged, and how they are penalized.
Those who are facing assault charges must understand the distinction between these two offenses and how they are defined in court. They also must ensure that they can build a strong defense strategy tailored to the best outcome possible.
Blair Goss at Goss Law is ready to work with defendants and their families to better understand the process of assault charges, and he can offer a better understanding of what to expect in the state's criminal justice system. He can also assist with comparing domestic violence vs assault in CA.
What is Simple Assault in California?
California Penal Code § 240 defines simple assault as an unlawful attempt, and the ability, to commit a violent injury on another person. This means that a person can be charged with assault even if they didn't have any actual physical contact. As long as they make an attempt and had the ability to carry out a violent act, a person can be charged with simple assault.
Examples of Simple Assault
Here are some common examples of simple assault:
- Taking a swing at someone with the intention of hitting them, but failing to make contact
- Threatening someone with violence, and at the same time, raising a hand or holding an object that could be seen as a weapon
- Lunging at someone in a threatening manner
Penalties for Simple Assault
Simple assault charges usually are misdemeanors. Penalties for these charges might include:
- Up to 6 months in county jail
- Fines of up to $1,000
- Community Service
- Probation
- Mandatory counseling or anger management programs
The penalties and the charges might be elevated if the alleged victim of the crime is a protected person, such as a peace officer, healthcare provider, firefighter, or public official.
What is Aggravated Assault in California?
Aggravated assault is a more serious form of assault. It involves the use of a deadly weapon, or force likely to produce great bodily injury. No injury actually needs to occur. Penal Code § 245 is used to define this crime.
There are many ways that someone can commit this crime, and aggravated assault involves the following:
- Using a deadly weapon or an object that can be used as a deadly weapon
- Using force likely to produce great bodily injury (no injury required)
- Assaulting or threatening someone with a firearm
Assaulting someone with the intent to commit certain other felonies, such as robbery or rape, is a separate crime under Penal Code § 220.
Here are some examples of felony assault:
- Hitting someone with a baseball bat
- Pointing a gun at someone while threatening them
- Punching someone with such force that it breaks a bone
- Using a vehicle to intentionally run someone over
Penalties for Aggravated Assault
In California, aggravated assault is known as a "wobbler" crime, which means that it can be a misdemeanor conviction or a felony conviction.
A person can be charged with a misdemeanor assault, which comes with up to a year in county jail, a fine of up to $1,000, and possible community service or probation.
If the person is charged with felony assault, they could spend years in state prison, a fine of up to $10,000, potential loss of certain legal rights, and a possible strike under the Three Strikes Law.
Various factors will elevate the charges, including if a deadly weapon was used, the seriousness of the injuries, the identity of the victim, and if there were any other crimes committed at the time of the crime.
Key Differences Between Simple and Aggravated Assault
There are a number of differences between a simple assault and an aggravated assault. Here is a chart to help make it easier to understand:
| Category | Simple Assault Charge | Aggravated Assault Charge |
| Legal Code | Penal Code § 240 | Penal Code § 245 |
| Level of Harm | No physical injury required | Force likely to produce great bodily injury, or use of deadly weapon; no injury required |
| Severity | Misdemeanor | Misdemeanor or Felony |
| Maximum Jail Time | Up to six months | Up to four years |
| Fines | Up to $1,000 | Up to $10,000 |
| Weapons Used | None | Often involves a weapon |
| Victim Impact | Minimal or none | Injury may or may not occur |
Understanding the difference between simple and aggravated assault is important for anyone who is involved in a case like this. It could mean the difference between getting probation and spending years in prison.
Legal Defenses to Assault Charges in California
If someone is facing any type of assault charges, they need our criminal defense law firm helping them through the process. An attorney could help to eliminate harsher penalties and even create reasonable doubt, which could lead to a more favorable outcome. A prosecutor must prove beyond a reasonable doubt that the defendant is guilty of the crime. If they have insufficient evidence, however, a defense attorney can help their client get a dismissed or reduced sentence.
Here are some of the ways an assault attorney in California can challenge the case:
Self-Defense or Defending Others
If the accused party believes that they were in imminent danger and they used reasonable force to protect themselves or someone else, they could show that the action was lawfully done in self defense.
Lack of Intent
Assault is a general intent crime. The prosecution does not have to prove that the defendant intended to harm or threaten anyone. It must prove that the defendant did an act willfully, knowing facts that would lead a reasonable person to realize that the act would probably result in force against someone (People v. Williams (2001) 26 Cal.4th 779). A criminal defense attorney can challenge whether the act was willful, or whether the defendant knew those facts, for example if the act was an accident.
False Accusation
There are some cases where one party might falsely account the other of assault out of revenge or spite. This often happens during domestic violence cases, or if one person wants revenge on another.
No Present Ability to Harm
In the case of a simple assault charge, the prosecution has to prove that the alleged assaulter had the "present ability" to cause harm to the alleged victim. If this can't be done, the charges could be dropped.
Mutual Combat
If both parties willingly agreed to fight, that mainly limits the defendant's right to claim self-defense. A person who agreed to mutual combat generally must try to stop fighting and communicate that before they can claim self-defense. It does not reduce the defendant's culpability.
Mitigating and Aggravating Factors
The outcome of an assault case is heavily influenced by mitigating or aggravating circumstances. These include:
Mitigating Factors
- No previous criminal record
- Cooperated with law enforcement or showed immediate remorse
- Acted under provocation or emotional distress
- Victim suffered no injuries or minor injuries
Aggravating Factors
- The use of a firearm or other deadly weapon
- Assault was done against a vulnerable person like a child or elderly individual
- Prior conviction or criminal history
- Assault connected to gang activity, drug offenses, sexual assault, or other serious crime
Assault Convictions and Long-Term Consequences
A conviction for assault has consequences, even if it is a simple assault. The consequences may go beyond jail time or fines. These include:
- A permanent criminal record
- Difficulty finding employment or housing
- Deportation and other immigration consequences for non-citizens
- Loss of professional licenses
- Loss of gun rights
Because of these consequences, it's extremely important to seek legal defense as soon as possible following an arrest.
The Importance of Working with a California Criminal Defense Attorney
When someone is charged with an assault, the stakes are very high. A criminal defense attorney fully understands the unique nuances of California law, and they can:
- Investigate the facts of the assault charges
- Challenge evidence that is unsubstantiated or weak
- Negotiate with prosecutors to reduce charges or sentences
- Represent the accused person at trial
The sooner a person accused of assault reaches out to an attorney, the better the outcome can be.
Contact Goss Law for Simple or Aggravated Assault Charges in CA
If a person is being charged for simple or aggravated assault in California, they much have an attorney at their side. Though a simple assault charge might not seem serious, it could come with strict penalties. There are enhanced penalties for aggravated assault cases, and those penalties can send a person to jail for years.
Blair Goss from Goss Law can help a person charged with assault make sense of what is happening to them. Free consultations are available, and the sooner a person calls for a consultation, the better the outcome might be.
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This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.