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Frequently Asked Questions (FAQ) about
Assault 
What is Assault?
Assault is essentially an attempt to commit a
battery (Cal. Pen. Code s. 242)
.
In other words, it is a failed attempt to cause injury to a person. If the attempt
actually results in contact with the victim, it becomes battery. It is often possible
to have failed attempts (assaults) and some successful attempts (batteries) in the
same set of actions, explaining why the term "assault and battery" is heard
so often.
What are the necessary elements to be found guilty of Assault?
To prove the defendant committed
Assault, the state must show that the defendant:
- Did an act that would be likely to directly and probably result in force being applied
to another person;
- Acted willfully;
- Was aware of facts that would make a reasonable person know the act would result
in force being applied to another person;
- Had the present ability to apply force to another person; and
- Did not act in self-defense of in defense of another.
What is the sentence / punishment for Assault?
Simple assault is a
misdemeanor,
meaning it carries a maximum sentence of six months in county jail and/or a $1,000
fine. If the assault was against an on-duty parking control officer, the sentence
can be up to six months in county jail and/or a $2,000 fine. If the assault was
on a peace officer, firefighter, or other emergency personnel, the sentence can
be up to one year in county jail and/or a $2,000 fine.
Cal. Pen. Code s. 241
If the assault takes place on school or park grounds, the sentence is a $2,000 fine
and/or one year in county jail.
Cal. Pen. Code s. 241.2
What are possible defenses to charges of Assault?
To prove someone committed a crime, the state (through its prosecutors) must prove
beyond a reasonable doubt that the defendant committed each element of the crime.
Therefore, defenses to any crime start with negating one or more of the elements
of the crime. Additionally, some crimes allow for "affirmative" defenses
which, if the defendant can prove the defense applies, will result in a verdict
of "not guilty" even if the prosecutor proves the defendant met each of
the elements of the crime.
For
Assault, convincing the jury that the prosecutor failed to prove beyond
a reasonable doubt that the defendant acted willfully, had the present ability to
apply force to the victim, knew that his action could result in force being applied
to another, etc. would be enough to get a not guilty verdict.
If the prosecutor can prove all the elements of
Assault, however, the defendant must prove that one or more justifications
for his actions existed (i.e., it is the defendant's burden to prove an affirmative
defense). For
Assault, some of these justifications include:
- Self-defense;
- Defense of another;
- Alibi;
- Duress / Threats;
- Necessity;
- Accident;
- Entrapment; and
- Statute of Limitations.
See also,
Assault on a Custodial Officer,
Battery.
As with all information on this site, this information is provided for background
information only. It is not all inclusive and important information relevant to
your situation may not be on the website. If you have a legal issue, please do not
take any action (or inaction) based on information on this or any other site. Please
contact an attorney to discuss your case before making a decision on how to proceed.
You can reach an attorney at the
American Justice Center
by calling toll-free
1-877-432-5325.
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Contact Us:
980 9th Street,
16th Floor
Sacramento
California
95814
1-877-432-5325
toll-free
1-877-837-3609
fax
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