Call Us Today - It's Free! Text Us
Menu
Call
Contact
Text Us

Simple Assault Under CA Penal Code 240: Elements and Defense Strategies

simple assault california

Being accused of assault can lead to devastating personal and legal consequences, even if the charges are misdemeanors rather than more serious felonies. In California, most basic assault allegations fall under Penal Code Section 240 PC – the state’s law against simple assault.

If you were recently arrested and charged with simple assault under CA statute 240, you likely have many questions about what this entails and how to protect yourself in court. A PC 240 conviction can mean fines, probation requirements, and even jail time, in addition to a permanent criminal record.

In this guide, we’ll dig into the specifics of California’s simple assault law by outlining the key elements prosecutors must prove, along with viable defense strategies.

Defining Simple Assault Under California Law

Simple assault under California Penal Code Section 240 involves words or actions that attempt to violently injure someone else when it appears you have the ability to complete the attack.

To convict you of a simple assault charge, prosecutors must prove beyond a reasonable doubt that you:

  • Did an act that by its nature would directly and probably result in the application of force to a person;
  • You did that act willfully
  • When you acted, you were aware of facts that would lead a reasonable person to realize that the act by its nature would directly and probably result in the application of force to someone
  • You had the present ability to apply force to the person AND
  • You didn’t act in self-defense or defense of someone else

Penalties for Simple Assault Convictions in California

​​Simple assault is charged as a misdemeanor offense in California. This means convictions carry less severe sentences than felony charges but can still include meaningful penalties.

If convicted under Penal Code 240, you may face the following penalties:

  • Up to 6 months in county jail, which would be served at a local detention facility rather than state prison.
  • Misdemeanor simple assault can also potentially lead to fines of up to $1,000.
  • Other common penalties include court probation, community service hours, fines and fees, and even mandated anger management classes.
  • Probation may include conditions like staying away from the victim, attending therapeutic classes, or avoiding further arrests.

While a simple PC 240 conviction avoids longer incarceration sentences, it still creates a permanent criminal record and possible jail time if convicted. The ramifications can also include difficulty finding housing or jobs and a restraint on firearm ownership. That’s why legal help fighting simple assault charges is so crucial.

Our experienced California criminal defense lawyers may get charges reduced or dismissed to avoid conviction.

When Simple Assault Crosses the Line into Felony Territory

While simple assault involves threats or attempts to injure, aggravated assault charges under California Penal Code 245 are for assaults involving a deadly weapon or “force likely to produce great bodily injury.”

For example, aggravated assault charges may result from:

  • Assault with a deadly weapon like a knife, bat, crowbar, etc.
  • Intentionally driving a car into someone
  • Assault leading to serious injuries like broken bones, stab wounds, loss of consciousness, etc.

Unlike simple assault, aggravated assault is a much more serious wobbler offense in California. This means it can be charged as either a misdemeanor or a felony. But most aggravated assaults lead to felony charges, which are punishable by up to 4 years in state prison.

Common Defenses Against Simple Assault Charges

The good news is that there are legal defenses that you and your criminal defense lawyer may use to contest assault charges on your behalf, such as:

  • Self-Defense: This means arguing that any threats or force used were solely intended to protect yourself or others from harm. The law allows reasonable use of force when faced with an imminent threat.
  • False Accusations: Were you wrongly accused of assault out of anger or confusion in an argument? Your attorney can probe for holes in the other side’s story and cast doubt on supposed “evidence.”
  • Misidentification: Eyewitness misidentification plays a role in over 70% of overturned convictions. An assault defense lawyer can challenge if the prosecution has the right person.
  • Mental Health Issues: At times, assault charges stem from a mental health episode or disorder rather than malicious intent. Raising health issues may lead to reduced charges and sentencing.

The key is developing a tailored, multifaceted defense that asserts your innocence and is aligned with the precise charges you face. An adept criminal defense lawyer with experience defending assault charges can make all the difference here.

Frequently Asked Questions About California Assault Charges

What are the penalties for simple assault in California?

Simple assault is a misdemeanor in California, punishable by up to 6 months in county jail and/or a fine of up to $1,000. The court may also order informal probation or issue a criminal protective order.

What is the sentence for aggravated assault?

Aggravated assault is usually a felony in California, punishable by a minimum of 16 months in state prison. Actual sentencing will depend on the severity of injury, use of weapons, and the defendant’s criminal history. Enhancements can add additional years if the assault causes great bodily injury.

What are common defenses against assault charges?

Common legal defenses against assault charges in California include self-defense (arguing reasonable use of force against imminent danger), false accusations/mistaken identity, and mental health defenses relating to episodes or disorders showing no malicious intent. An experienced criminal defense lawyer can evaluate defenses best suited to the specifics of your case.

Take the First Step and Regain Peace of Mind

Assault charges threaten your reputation, freedom, and future. What you need right now is strong, compassionate counsel in your corner to advise you on your legal options and defend your rights.

At The Nieves Law Firm, we’ve spent years establishing a track record of favorable verdicts in assault cases. We’ve seen firsthand how determined advocacy makes all the difference for clients and families.

Take action now to regain peace of mind, knowing exactly where you stand and the options available. You don’t have to go through this alone—we’re here to answer your questions, devise a game plan, and stand up for your rights every step of the way.

Contact us for immediate assistance.

Author Bio

Jo-Anna Nieves is the Founder and Managing Attorney of The Nieves Law Firm, an Oakland criminal defense law firm she created in 2012. With more than 11 years of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, domestic violence, expungement, federal crimes, juvenile law, motions to vacate, sex crimes, violent crimes, and other criminal charges.

Jo-Anna received her Juris Doctor from the Florida State University College of Law and is a member of the State Bar of California. She has received numerous accolades for her work, including being named a Super Lawyer Rising Star the past 8 years, the #12 Fastest Growing Law Firm in the U.S. by Law Firm 500 in 2019, and one of the fastest growing companies in the U.S. by Inc 5000 in 2023.

LinkedIn | State Bar Association | Avvo | Google