Individuals can face severe penalties after a conviction under California Penal Code Section 240: Assault. The court uses this basic charge to prosecute simple assault. Any willful use of force against another person can result in an assault allegation.
A Los Angeles assault lawyer can help you learn more about this charge, potential legal defenses, and the results of a conviction, which could involve months in county jail. Getting legal help immediately may help you resolve an accusation successfully.
California’s Definition of Assault
Simple assault has a clear legal definition in California. According to PC 240, individuals can be charged with simple assault if they willfully use force against another person or carry out an act that would likely result in the application of force to another person.
Applying force against another person involves an act of touching that is considered harmful or offensive. Therefore, the court can charge individuals with assault even if they never attempt to hurt another person.
California Penal Code Section 240: Assault says nothing about actually injuring a person. Individuals can face assault charges simply for exerting force against another person.
California Has Other Assault Charges
The court system in California has several other charges that deal with the crime of assault, including:
- California Penal Code Section 217.1(a): Assault On A Public Official
- California Penal Code Section 244: Assault With Caustic Chemicals
- California Penal Code Section 245(a)(1): Assault With A Deadly Weapon
- California Penal Code Section 245(a)(2): Assault With A Firearm
A Los Angeles criminal defense lawyer can help an individual handle a simple assault charge or these more complex allegations.
Repercussions for Basic Assault in California
The courts in California treat simple assault as a misdemeanor-level offense. A conviction could result in up to six months of jail time and fines of up to $1,000.
The court can heighten these penalties if an individual assaults certain professionals carrying out their duties. For example, an individual might face one year in jail and fines of $2,000 for assaulting a(n):
- EMT, Paramedic, or Lifeguard
- Law Enforcement Officer
- Firefighter or Traffic Officer
- Animal Control Officer
- Search and Rescue Technicians
Assault on parking control officers also comes with increased penalties in California. These are serious charges that can result in heavy fines and long jail time. Do not put your freedom at risk by attempting to represent yourself in court.
A criminal defense attorney can assist if you face misdemeanor or felony charges.
Constructing a Defense for Assault Accusations
Assault accusations can be difficult to handle without professional legal help. You can get professional advice on handling assault charges by contacting a Los Angeles violent crimes lawyer immediately after an arrest.
A professional legal team can investigate your case and the evidence you face. Based on your unique situation, a criminal defense lawyer may be able to argue:
You Didn’t Intend to Use Force
Assault charges should only apply if you intentionally used force against another person. For example, you should not be convicted of assault if you accidentally touched someone in an offensive or harmful way.
You Were Protecting Yourself or Someone Else
Sometimes, you may need to use force resulting in bodily harm to defend yourself or someone else. California permits residents to use reasonable force if threatened with great bodily injury or death.
How Lawyers Resolve Assault Allegations
Criminal defense attorneys can use several methods to resolve assault allegations. Depending on an individual’s situation, a lawyer may:
Get Charges Dismissed
The court may dismiss assault charges if a lawyer can block the prosecution’s evidence and weaken their case. The court also dismisses charges if a lawyer can show that the police violated a client’s rights.
You should not have the California Penal Code Section 240: Assault charges on your criminal record after dismissal of a misdemeanor offense or a felony charge.
Get Charges Reduced
An attorney can also focus on getting charges of assault reduced through a plea bargain with the prosecution. Prosecutors are more likely to offer these deals to individuals without past convictions in their criminal history.
A plea bargain requires you to admit fault for a less serious charge. In exchange, the court reduces the penalties you face. An experienced attorney can assess these deals to see if they fit a client’s needs.
Defend a Client in Court
A criminal defense law firm can build defenses against assault charges for clients after an arrest. Lawyers represent clients in front of a judge and jury and strive to resolve these cases quickly.
Comparing Assault and Battery
Assault involves attempting to use force against another person. Individuals who successfully use force or violence commit battery, a different criminal charge in California. The court may charge assault and battery together in the state of California.
Additionally, individuals may face several different battery charges, depending on their exact situation. Possible battery charges include:
- California Penal Code Section 242: Battery
- California Penal Code Section 243(b) PC and 243(c)(2): Battery On A Peace Or Police Officer
- California Penal Code Section 243(d): Battery Causing Serious Bodily Injury
- California Penal Code Section 243(e)(1): Domestic Battery
You should take all battery charges seriously, as they can lead to harsh legal penalties. The longer you ignore the charges filed against you, the less time is available for your criminal defense lawyer in California to build a case on your behalf.
Contacting a lawyer immediately for help can help you avoid months in jail, fines, and other severe penalties.
Speak with a Lawyer About Assault Accusations Now
You can get immediate legal advice about California Penal Code Section 240: Assault charges by contacting the Simmrin Law Group. Contact us by completing our online contact form or calling our office.
Our criminal defense lawyers can answer your questions and offer you advice. Let us focus on your situation with a FREE initial case evaluation.