What Makes an Assault a Felony in California?

An assault in California could be either a misdemeanor or a felony, depending on the circumstances of the case. The difference between these two types of assault charges is the punishment awarded by the court under the criminal justice system.

Facing serious assault charges can be incredibly stressful, especially if the defendant had no intentions to cause harm. Attorney Blair Goss of Goss Law can provide defendants with legal guidance and help build a criminal defense case.

What Is an Assault?

Under California law (Penal Code 240), assault is an unlawful attempt, combined with the present ability, to commit a violent injury on another person. No one has to actually be hurt. A swing that misses can be an assault.

California does not have a crime called "aggravated assault." Instead, the main assault crimes are:

• Simple assault (Penal Code 240 and 241): an assault without a weapon or force likely to cause great bodily injury.
• Assault with a deadly weapon or by force likely to produce great bodily injury (Penal Code 245(a)(1) to (a)(4)): this includes assault with a deadly weapon other than a firearm, assault with a firearm, assault with a machine gun or assault weapon, and assault by force likely to produce great bodily injury.
• Assault on a peace officer or firefighter with a deadly weapon or firearm (Penal Code 245(c) and 245(d)): these carry higher penalties.
• Assault with intent to commit certain felonies (Penal Code 220): such as assault with intent to commit rape or mayhem.

None of these crimes requires that the other person was actually injured.

Although many people use the term assault and battery interchangeably, the two are different, as they contain unique elements.

What Is a Misdemeanor Assault?

Under California law, a simple assault is often charged as a misdemeanor. A swing that misses, for example, could be charged as a misdemeanor simple assault, which is punishable by up to six months in county jail, a maximum fine of $1,000, or a combination of both types of punishments.

What Makes an Assault a Felony in California?

Assault with a deadly weapon or by force likely to produce great bodily injury under Penal Code 245(a)(1) or (a)(4) is a wobbler offense. A prosecutor has discretion on whether or not they want to charge the crime as either a misdemeanor or a felony after assessing the circumstances of the case.

There are certain factors that the prosecutor must consider before charging the crime as either a misdemeanor or a felony, and these include the following:

• The defendant's prior criminal history
• Whether the defendant uses a deadly weapon or firearm
• The level of force used by the defendant to produce great bodily injury
• If the defendant assaults a police officer, public official, or emergency personnel
• The present ability to commit a violent injury

After assessing the facts of the case, if the prosecutor decides to charge a Penal Code 245(a)(1) or (a)(4) case as a misdemeanor, the defendant may face up to 12 months in county jail, a maximum fine of $10,000, probation, restitution, weapon confiscation, community service requirement, or a combination of these different types of punishments.

However, if the prosecutor charges the case as a felony, the defendant could be looking at all the punishments mentioned above, but instead of 12 months in county jail, it is up to four years in state prison. Assault with a firearm, assault on a peace officer or firefighter, and Penal Code 220 assaults carry their own, often higher, penalties.

Those who have been charged with a misdemeanor or a felony and believe that they are being wronged should contact a criminal defense attorney for legal representation. A lawyer can help assess the case and build a strong defense to improve the defendant's chances in court. They can also answer questions like What are the exceptions to the statute of limitations in California?

What Are the Available Defenses for Assault?

Whether the prosecutor charges an assault as a misdemeanor or a felony, there are a few legal defenses that an experienced criminal attorney in Sacramento can use to reduce the severity of the punishments. Some of these include the following:

Self-defense

Under the circumstances of the assault, the defendant may have believed that they were under threat or in danger, resulting in them taking action as a way of self-defense.

The defendant only needs to raise this defense. Once it is raised, the prosecution must prove beyond a reasonable doubt that the defendant did not act in lawful self-defense. Self-defense applies when:

• The defendant was in danger;
• They faced a threat;
• There was a need for immediate physical force to avoid potential injuries; and
• The defendant exerted enough force to defend themselves rather than intentionally harm the other individual.

Defense of Another Person

The defendant could have the charges removed if they can successfully prove in court that they came to the defense of another person. The elements are similar to those of self-defense, and once the defense is raised, the prosecution must disprove it beyond a reasonable doubt.

Defense of Property

Under California law, individuals can take action to protect their personal property or real estate. This is another type of self-defense. Once it is raised, the prosecution must prove beyond a reasonable doubt that it does not apply. It applies when:

• The defendant believed that there was an immediate threat to their property; and
• They only used a reasonable amount of force in a bid to ward off that threat.

Consent

Another legal defense that the defendants could use is consent. In some situations, the action could be consensual but misconstrued as an assault, such as a theatre performance in public or a private sexual act that goes a little too far.

The defense can raise evidence that the other party consented. The prosecution then has to prove beyond a reasonable doubt that there was no valid consent.

Mistaken Identity

Sometimes, the prosecutors may have had the wrong person due to unreliable witness statements. The defendant does not have to prove they are not the person who did it. The prosecution must prove beyond a reasonable doubt that the defendant is the person who committed the crime.

Inability to Commit a Violent Injury

The defendant could argue that they did not have the ability to commit a violent injury, as the deadly weapon they possessed did not work.

An unloaded firearm at the time of the incident, for example, can make it impossible for the defendant to inflict severe harm on the alleged victim.

Schedule a Free Consultation with a Criminal Defense Attorney in California

Those who believe that they shouldn't be facing felony charges in Sacramento, California, can call to schedule a free consultation with attorney Blair Goss at Goss Law.

Attorney Blair Goss can help conduct an investigation, gather evidence to develop a strong case and defend the defendant's rights in court by fighting the felony conviction.