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Simple vs Aggravated Assault in CA: What You Need to Know

  • Writer: Blair Goss
    Blair Goss
  • Jul 1
  • 6 min read

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 and the team at Goss Law are ready to work with defendants and their families to better understand the process of assault charges, and they can offer a better understanding of what to expect in the state's criminal justice system. They can also assist with comparing domestic violence vs assault in CA.

What is Simple Assault in California?

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, and it involves the use of a weapon, or extreme force, to cause serious bodily harm. 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 extreme force to produce great bodily injury

  • Assaulting or threatening someone with a firearm

  • Assaulting someone with the intent to commit another felony, including a robbery, rape, etc.


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

Serious bodily injury or use of deadly weapon

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

Often great bodily harm

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 charges won't stick if the prosecution cannot prove intent. So, an experienced criminal defense attorney will do their best to prove that the defendant had no intent to harm or threaten the other person.


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 were willingly engaged in a fight, it can reduce the culpability of the defendant or shift some of the blame to the alleged victim.


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

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, and his team of legal experts 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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