Monday, February 10, 2020

PC 240, Simple Assault

Simple assault

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.

Possible defenses:

  • 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.

Penalties:

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.