Assault (Penal Code § 240 and § 241)
Assault, in basic terms, is an attempt to commit a violent injury on another person. Physical contact with the victim is not necessary. Assault can be thought of as an attempt to commit a battery.
"Simple Assault" – where, for example, no deadly weapon is used – is a misdemeanor.
If you or someone you care about is facing an assault charge, the criminal defense attorneys at the Weinrieb Law Firm can help explain the charges and properly defend against them. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555.
Elements Of Assault
The prosecution must prove the following facts to convict a defendant of simple assault:
- Defendant Acted Willfully – The defendant's actions were intentional
- Defendant Intended To Make Physical Contact With The Victim – The defendant intended to make some contact, no matter how slight, with the victim, the victim's clothes or with an object in the victim's vicinity
- Defendant Was Aware His Act Would Likely Result In Physical Contact
- Defendant Had The Ability to Cause Contact
Punishment For Assault
Simple Assault is misdemeanor and can be punished as follows, but any punishment will depend on the facts of a particular case:
- Informal ("Summary") Probation
- Up to 6 months in county jail
- Up to a $1000 fine
- Community service
- Completion of a batterer's program or anger management program
Simple Assault Defenses
Potential defenses to a simple assault charge will depend on the facts of the case, but may include:
- Lack of Ability to Cause a Violent Injury –The Defendant did not actually have the "ability" to cause a violent injury
- Lack of Intent to Cause a Violent Injury – Defendant did not intend to commit a violent injury on the victim
- Self Defense
- Defense of another person
Contact Us
If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at the Weinrieb Law Firm. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, or through the confidential and secure email form on the firm's website at www.VWattorneys.com.
