PC240 tells us “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
The elements for assault are:
- The defendant did an act that by its nature would likely result in the application of force to a person; (force can be any harmful or offensive contact)
- The defendant did so willfully;
- When the defendant acted, he or she was aware of facts that would lead a reasonable person to realize that the act by its nature would likely result in the application of force to another person;
- When the defendant acted, he or she had the present ability to apply force to another person.
- You did not have the ability to apply force to another person.
- You acted in self defense, or defense of others.
- You did not act willfully.
- You were falsely accused.
The fact that you did not in fact harm or touch another person is NOT a defense. This what differentiates assault from battery. In a battery, the contact needs to occur. With an assault, another person must reasonably expect that the contact is likely to occur.
PC 240 assault is a misdemeanor, and potential penalties include
- Misdemeanor probation
- Up to 6 months in county jail
- A base fine of up to $1,000.00 (not including penalties and assessments.
Call us to schedule a free consultation.
We are here to help you discuss your case, and let you know how we can help reduce the possible punishment, reduce the charges, or fight for a dismissal. We are here to help you obtain the best outcome. (909)55-HELP-U, (909)554-3578.