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.
To be convicted of assault the prosecution must prove the following elements:
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.
Legal defenses to Penal Code Section 240 Assault include the following:
Under California Penal Code Section 240 assault is considered a misdemeanor. The possible penalties include:
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.
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
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).
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:
Penalties for misdemeanor assault with deadly weapon include the following:
Under Felony California Penal Code 245(a)(1), assault with a deadly weapon penalties include the following:
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 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.
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.
Assault with dangerous chemicals is considered a felony and penalties for a Penal code 244 convicts can include:
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