When people think of assault, they often picture physical violence. The assumption of physical violence leads many to think that for an incident to be considered assault, someone must get hurt. However, assault can actually be described more simply as the intentional act of threatening to touch or touching someone in a manner that could likely offend or harm them. You do not have to physically hurt another person for the court to find you guilty of this offense.
A simple assault conviction carries penalties like fines, jail time, and mandatory probation. The court can also charge you with additional charges related to the assault that can make your case even more complicated. If you are dealing with criminal assault charges, you should seek legal help as early as possible. At Desert Defense Lawyers, we’ve got the knowledge and expertise to help you fight those charges. We offer legal guidance and representation for assault charges throughout Palm Desert in California.
Simple Assault Under Penal Code 240
According to Penal Code section 240, simple assault is any attempt to physically harm another person, even when that attempt is unsuccessful. Essentially, you can face charges for simple assault in California if you try to commit a violent act that might injure someone else. Even if you don’t succeed in causing harm, but you were aware of the potential consequences of your conduct, you might still be charged with assault in court.
What a Prosecutor Needs to Prove In an Assault Case
For a jury or judge to declare you guilty of assault, the prosecutor has to demonstrate a few key elements to the court:
- You committed an action that was likely to result in using force against another person
- You did that action on purpose
- You were aware that any reasonable person would foresee that your action would probably lead to using force
- You had the ability to use force against that person when you took the action
Here is a breakdown of what each element means:
Using Force
Any offensive touching that is meant to cause harm or that is offensive, regardless of how light or indirect, counts as force. It doesn’t matter if the touch didn’t cause any injury or couldn’t have caused one; it still fits the definition of applying force. Also, the touch doesn’t have to be direct, either. Even if you touch someone with an object, you might still be charged with assault. For example, spitting in a coworker’s face, regardless of injury risk, qualifies as assault.
The law does not require you to physically touch the victim to face charges. You can still get charged if it’s clear that you did something that likely would have amounted to applying force against another person.
For example, you threw a plate at someone during a heated argument. However, the object didn’t hit them because of the gap between you; you could still be charged with assault, since it’s possible that the plate would have made contact.
Acting Willfully
When you act on purpose, you are said to be acting willfully. When you act willfully, it does not mean you meant to violate any law or offend anyone; it just means you carried out the action intentionally, even if you didn’t plan to harm someone else.
For instance, imagine two neighbors, Ronny and Kora, having a disagreement over property lines. Ronny decides to take out a firearm and aims it at a structure near where Kora is standing. To scare Kora, Ronny pulls the trigger and hits the tree with a bullet. Even though Ronny didn’t intend to shoot Kora, and she wasn’t hurt, Ronny still acted intentionally by getting his firearm and opening fire.
Your Actions Could Probably Lead To Someone Getting Hurt
You don’t have to intentionally harm someone to face simple assault accusations. The prosecutor just needs to show that you were aware your actions might end up causing harm. For instance, in Ronny’s case, he would face simple assault charges for using a lethal weapon since shooting a firearm at the structure just a few meters away from Kora was very likely to hurt her.
Assault VS Battery
People often use the terms battery and assault interchangeably, which can lead you to think they refer to the same thing. However, they actually describe two different offenses. The major difference is that, according to California’s Penal Code 240, assault involves the threat of unpleasant touching or any action that could cause bodily harm to someone.
On the other hand, Penal Code 242 defines battery as the actual infliction of bodily harm on a person. The touch also doesn’t have to cause physical pain for it to count as battery; even minor contact with someone can lead to a battery charge in California.
California Penalties for Simple Assault
In California, simple assault is classified as a misdemeanor. When the court charges you with assault, you could end up facing:
- A maximum of six months in county jail
- Informal probation
- Fines that can reach up to $1,000
However, if you get convicted of assaulting someone considered a protected person under California law, you’re likely to receive harsher penalties. Protected people may include:
- Public officials
- Police officers
- Doctors
- First responders
- Paramedics
- Jury members
- Animal control workers
- Firefighters
- School staff
- Lifeguards
- Military personnel
If the person you supposedly assaulted holds any of the job titles mentioned above, and you knew about it, you could end up facing fines of around $2,000. You might also face a one-year jail term, or possibly both consequences.
Assault Victims Can File Civil Lawsuits
If someone has experienced an assault, they can take legal action against you to recover costs like medical expenses and lost income. A victim may sue you in civil court, even without criminal charges or a guilty verdict.
In civil cases, instead of needing to prove your guilt beyond a reasonable doubt, like in criminal cases, the focus is on the preponderance of the evidence. You can face civil charges when the jury finds that you committed assault. The complainant has to establish, with a preponderance of the evidence, that:
- You owed them a duty of reasonable care
- You breached that duty through recklessness, a deliberate wrongful act, or negligence
- They suffered damages because of that breach
If you are facing civil charges, you can use similar defenses that you would use for criminal charges.
Legal Defenses for Simple Assault
Sometimes, people facing assault charges often don’t realize they’ve broken California assault laws until it’s too late. Usually, simple assault charges don’t involve any injuries or serious harm, but they can still lead to a permanent assault conviction on your criminal record. To fight these accusations during the court hearing, your criminal defense lawyer might consider using defenses like:
You Didn’t Have the Ability to Inflict Violence or Force
You’ll need to show the court that when the alleged offense occurred, you didn’t have the ability to inflict any force on the other person.
For instance, if you swung at someone but were too far away to actually hit them, you couldn’t have caused any injury at that moment. If the court doesn’t find solid evidence against you, you might just walk away without a guilty verdict.
You Acted To Protect Yourself Or Others
For the court to consider this defense seriously in your court hearing, you must demonstrate that:
- You genuinely believed that you or someone else was in immediate danger of physical harm or unwanted touching
- You had a strong reason to think that using direct force would effectively defend against that threat
- The level of force you utilized was reasonable to counteract the threat
In California, just saying something offensive or rude doesn’t count as assault. So, if you utilized physical force in response to a verbal insult, that won’t hold up as a self-defense argument.
The Accusations are False
False accusations are one of the most common legal defenses used in assault cases in California. Many defendants go this route because there’s no legal requirement for the victim to have actually suffered any physical injuries. Someone might make these accusations against you out of revenge, jealousy, or spite. If that’s your situation, you should seek legal help from a skilled criminal defense attorney.
You Didn’t Act On Purpose or Willfully
It’s possible that your conduct was unintentional, maybe due to a misinterpretation or misunderstanding by the so-called “victim.” If that’s the case, your defense attorney can gather all the supporting evidence, like eyewitness accounts, video footage, and recorded messages, to demonstrate that you didn’t act intentionally.
Charges Related to Simple Assault in California
In California, you might end up facing simple assault charges, either alone or alongside other related charges. Examples of these offenses include:
Battery Under Penal Code 242
California battery differs from California simple assault because it requires the offender to have used physical force against someone else. However, you could still get charged with assault even if you didn’t cause any physical harm to the purported victim. The court will look into whether you actually made physical contact with that person in a way that could be deemed offensive.
If someone accuses you of battery, the court might take into account various factors surrounding the incident, like whether your conduct was offensive or violent, particularly if it didn’t cause any injury.
In California, battery is classified as a misdemeanor, which could lead to a fine of up to $2,000, a maximum of 6 months in jail, or both. If you seriously injure someone, you might also face charges under Penal Code 234(d) for aggravated battery. This offense is a wobbler. That means it can be prosecuted as either a felony or a misdemeanor. If you end up being charged with felony aggravated battery, you could be looking at a prison sentence of two, three, or four years.
Penal Code 245(a)(i)—Assault With a Deadly Weapon
Assault using a lethal weapon is a crime that involves assaulting someone with a deadly weapon or using force in a way that could cause serious injury. Under California law, this offense is also a wobbler, which means you could face one year in county jail for a misdemeanor or a felony sentence of two, three, or four years.
Penal Code 217.1(a)—Assault Against a Public Worker
A violation of PC 217.1(a) happens when someone assaults a public worker, either as revenge or to prevent them from doing their job. According to California law, public workers include judges, prosecutors, and government administrative officers. Assaulting a public worker is considered a wobbler, which could result in a maximum of one year in county jail for a misdemeanor or a felony sentence of 16 months, 24 months, or three years.
Penal Code 24— Assault Using Caustic Chemicals
When someone throws or applies a corrosive chemical on someone else, intending to injure or disfigure them, that’s considered assault using caustic chemicals. In California, this type of assault is taken very seriously and is classified as a felony. When someone gets convicted of this crime, they might end up facing two to four years in a state prison.
Disturbing the Peace Under Penal Code 415
Penal Code 415 involves actions like fighting in public, making excessive noise to annoy others, or verbally insulting someone in public. This offense is viewed as a minor crime in California, so it is usually convicted as a misdemeanor offense or, in some cases, an infraction. If someone gets convicted, they could end up facing not more than three months in jail.
If you’re dealing with assault charges in California, the prosecutor might choose to go with a disturbing the peace charge instead when the evidence for the assault isn’t strong enough. This could lead to lighter penalties, which might be seen as a favorable outcome based on your case.
Vehicle Code (VC) 23110—Throwing An Object At a Vehicle
If you toss anything at a car that’s driving on a public road, you’re breaking VC 23110 according to California law. Instead of facing assault charges in California, you can be charged with this offense if the evidence supports it. A jury in California could convict you for throwing an object at a vehicle, even though you didn’t actually hit the car or anyone inside it.
Usually, this act is treated as a misdemeanor. However, if the item you threw could seriously harm someone, and you intended to do so, you might find yourself facing felony charges.
Commonly Asked Questions About California Simple Assault
Below are some of the most frequently asked questions on assault in California:
Can I Be Charged With Assault For Spitting At Someone?
In California, spitting on someone is seen as assault. While most spitting incidents often go unreported, if you deliberately and rudely spit on someone, it counts as assault since it involves offensive touching. Even if your spit only lands on the other person’s shirt, you could face simple assault charges.
Also, if you happen to spit in someone’s food, and they eat it, you could be charged with assault.
Can the Court Dismiss My Simple Assault Charges?
As for getting your simple assault charges dropped, the usual process in California courts includes preliminary hearings to determine if there’s enough evidence for the case to move forward. During these hearings, they don’t need to prove you’re guilty right away. If you’re facing assault charges, you should request a preliminary hearing from the judge.
If the court finds there isn’t enough evidence, they might discharge you from custody or your bond. Additionally, the person who accused you could decide to drop the charges and resolve the matter outside of court.
Will I Be Charged With Simple Assault For Hitting a Child?
If you hit your child, whether it was on purpose or accidentally, there’s a good chance that you could be charged with assault. For example, if you got into an argument with your spouse and accidentally caused your child, you might face simple assault charges. The severity of the child’s injury could lead to different forms of punishment under California law.
Can I Face Simple Assault Charges For Yelling At Someone Else?
In California, verbally insulting someone can potentially be regarded as simple assault, based on the situation. If you shout angrily while making physical threats or get in someone’s face with clenched fists, that could be considered simple assault, even though you never actually touched the person. However, if you’re only yelling without making any threatening statements, the police likely won’t have a reason to apprehend you.
Find an Assault Criminal Defense Attorney Near Me
To build a strong defense for your simple assault charge, you need a skilled criminal defense firm like the Desert Defense Lawyers on your side. Our Palm Desert criminal defense attorneys know California assault laws inside and out, and we can help you achieve a favorable outcome for your case. Feel free to reach out to us today at 888-293-0396 if you have any questions about assault charges in California or if you want to speak with a knowledgeable criminal defense attorney.
