Differences Between California Penal Code 240, 242, 243 and 273.5

California Penal Code Section 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 Section 242 differs battery from an assault as it requires that the defendant actually use force or violence against someone else.

What Does the Prosecutor Have to Prove to Convict a Defendant of Penal Code 240 Assault?

The prosecutor must establish the following elements to convict the defendant of assault under Penal Code 240:

• Defendant acted willfully
• Defendant’s act was a direct and probable result in the application of force to another person
• The defendant was aware that the act would likely result in the application of force to another person
• The defendant had present ability to apply the force.

The defendant can face up to six months in county jail and a fine up to a maximum fine of $1,000.

What Does the Prosecutor Have to Prove to Convict a Defendant of Penal Code 242 Assault?

The prosecutor must establish the following elements to convict the defendant of battery under Penal Code 242 battery:

• Defendant unlawfully and willfully touched another person in an offensive or harmful manner.

Assault is generally referred to as an attempted battery. Assault may have taken place without the occurrence of a battery since physical contact is not an element of an assault charge. The crime of battery necessarily requires an assault. The defendant can’t unlawfully and willfully touch another person (battery) without firstly making an unlawful attempt (assault) to do so.

Battery Penal Code Section 242 PC

California Penal Code Section 242 defines the crime of battery as any willful and unlawful use of force or violence upon another person. In California, law battery is a misdemeanor crime and the defendant can face up to six months in county jail and a fine of up to $2,000.

Spousal Battery Penal Code Section 243 PC

Per Penal Code Section 243(e)(1), is a crime often referred to as “spousal battery” and it occurs when a defendant uses violence or force against:

• A current or a former spouse
• Cohabitant
• Parent of the child
• Someone he is or was engaged to

A spousal battery conviction is a misdemeanor with up to one year in county jail and a fine of up to $2,000. A defendant may also be required to enter a batterer’s program and pay up to $5,000 to a battered women’s shelter.

Corporal Injury on a Spouse or Cohabitant PC Section 273.5

The crime of inflicting corporal injury on a spouse or cohabitant under Penal Code 273.5(a) is similar to spousal battery under Penal Code 243. The crimes involve the same people with whom the defendant has a relationship as under Penal Code Section 243(e)(1). The difference between these two crimes is that for being convicted defendant must have inflicted some type of injury upon the victim.

What Does The Prosecutor Have to Prove To Convict a Defendant of Penal Code 273.5?

The prosecutor must establish the following elements to convict the defendant under PC Section 273.5:

• The defendant inflicted corporal injury on a current of a former spouse, current or former partner, current or former cohabitant, parent of the child
• The defendant intentionally inflicted the injury
• As a result of the use of force the victim has suffered a traumatic condition, whether a serious or minor wound or any other injury to the body.

In California Penal Code section 273.5 is a wobbler offense, with either a misdemeanor or felony conviction. If convicted of a misdemeanor, the defendant will face up to one year in county jail and a fine of up to $6,000. If convicted of a felony the defendant will face two, three, or four years in state prison and a fine of up to $6,000.

Los Angeles Criminal Defense Attorney

If you or someone you know has been charged with California Penal Code secontions 240, 242, 243, or 273.5 we invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case reivew.