California Penal Code 240 Assault (PC 240)

California Penal Code Section 240 (PC 240) defines assault as an attempt to commit a violent injury on someone else.

Assault is usually discussed in connection with the battery, though they are two different offenses. Penal Code 242 battery is different from an assault as it requires that the defendant actually use force or violence against someone else.

What Is the Prosecution Required to Prove to Convict Defendant of Penal Code 240 Assault?

To be convicted of assault the prosecution must prove the following elements:

• Defendant committed an act that directly and probably would result in the application of force against another person;
• Defendant did so intentionally and willfully;
• When committing the act the defendant had facts that would make a reasonable person realize the act would result in applying force to someone;
• When committing the act the defendant had actual ability to apply force to another person

“Application of Force” in California Criminal Assault Charge

Application of force is any harmful or offensive touching. The touching doesn’t need to cause an injury or to be done directly. The slightest touching will be considered enough if it is done in a rude or offensive manner. 

What are the Legal Defenses to Penal Code Section 240 Assault?

Legal defenses to Penal Code Section 240 Assault include the following:

• Defendant did not have the actual ability to inflict force or violence on someone else
• Defendant acted in self-defense or defense of others
• Defendant did not act with required intent or willfully
• Defendant was wrongfully accused

What are the Penalties for Penal Code 240 Assault?

Under California Penal Code Section 240 assault is considered a misdemeanor. The possible penalties include:

• Up to six months sentence in a county jail; and/or
• A maximum fine of to one thousand dollars

Assault and Related Offenses

There are various charges that fall under assault related offenses in California including the following criminal charges such as Penal Code Section 245(a)(1) assault with a deadly weapon.

California Penal Code Section 245(a)(1) Assault with a Deadly Weapon

Under Penal Code Section 245(a)(1) assault with a deadly weapon, known also as ADW, is assault committed by means of a deadly weapon or force likely to inflict great bodily injury.

To be convicted of assault with a deadly weapon the prosecution must prove the following elements

• Defendant committed an act that directly and probably would result in the application of force against another person;
• Defendant committed the act either with a deadly weapon or by means of force likely to produce great bodily injury
• Defendant did so intentionally and willfully
• When committing the act the defendant had facts that would make a reasonable person realize the act would result in applying force to someone;
• When committing the act the defendant had actual ability to apply force with a deadly weapon or force likely to produce great bodily injury

What Is Considered a Deadly Weapon in California?

A “deadly weapon” is any instrument, object or weapon which use can likely produce death or great bodily injury (like a knife or a gun).

Penalties for Penal Code 245(a)(1)

Under California Penal Code 245(a)(1), assault with a deadly weapon is considered a wobbler, and depending on the specific circumstances it can be charged either as a misdemeanor or a felony. Prosecutor’s decision about whether to charge ADW as a misdemeanor or a felony is based on several factors, such as:

• The type of used instrument or weapon
• The severity of the injury caused to the victim
• The identity of the victim

Penalties for Misdemeanor Assault With Deadly Weapon

Penalties for misdemeanor assault with deadly weapon include the following:

• Up to one year sentence in county jail; and/or
• A fine of up to one thousand dollars

Penalties for Felony Assault Charges

Under Felony California Penal Code 245(a)(1), assault with a deadly weapon penalties include the following:

• Two, three, or four, years in California state prison; and/or
• A fine of up to ten thousand dollars

Penalties for ADW with a Firearm

If a deadly weapon was an ordinary firearm, then the above mentioned penalties still apply. However, the misdemeanor ADW with a firearm carries up to six months in county jail.

In case the used deadly weapon was a semiautomatic, then the defendant is sentenced to a prison term of three, six or nine years. In case the weapon was a machine gun or assault weapon, then the defendant will be subject to a prison term of four, eight, or twelve years. 

California Penal Code Section 244 Assault With Caustic Chemicals

California Penal Code 244 Assault with caustic chemicals occurs whenever a person willfully and maliciously places or throws, or causes to be placed or thrown any caustic chemical, a corrosive substance, flammable substance or vitriol with the intention of injuring another person’s flesh or disfiguring the body.

In order to be convicted in assault with caustic chemicals the prosecution must prove every single of the above mentioned elements.

What Is Considered to Be a Caustic Chemical?

Under Penal Code section 244 a caustic chemical is any corrosive, flammable substance that can burn living tissue.

Kerosene, acid, gasoline, petroleum products, or flammable liquids with one hundred fifty degrees Fahrenheit or less are examples brought in Penal Code section 244.

Penalties for Penal Code Section 244

Assault with dangerous chemicals is considered a felony and penalties for a Penal code 244 convicts can include:

• Two, three, or four years in California state prison; and/or
• A fine of up to ten thousand dollars
• Instead of prison, the defendant can be sentenced to felony probation and serve up to a year in county jail.

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