The good news is that assault is almost never a felony – but battery can be. 3. However, it becomes a felony if the object thrown was capable of causing serious injury and the defendant intended to inflict great bodily injury.42. Even though Jennifer ducked and walked away unscathed, Audrey could still be charged with assault. On school property, including schools serving students in kindergarten through 12th grade, community colleges, technical schools, and regional occupational centers; In the parking lot or on the grounds of a bus station, train station, or taxicab company. As part of the initiation process, he is told to sneak up on Professor Blume, an unpopular professor, pin him down, and tickle him. Jim then slips on the wet pavement and falls, badly injuring his head. The same holds true if Joe connects when he takes a swing at Adam. (“Someone commits an act willfully when he or she does it willingly or on purpose. If the person is a peace officer, a bus driver, a taxicab driver, or a cable car driver, then the fine can go up to $10,000. A fine of $10,000 can be assessed for either a misdemeanor or a felony. 1. The review or use of information on this site does not create an attorney-client relationship. If you’ve been charged with assault in Oakland, Dublin, or another city in Alameda County, you may have questions about assault felony laws in California. Your Alameda County criminal defense lawyer may be able to convince the prosecutor that they don’t have enough evidence to bring charges against you, or may be able to negotiate a plea agreement to a lesser charge. One instance when assault is a wobbler is when the person assaulted is a custodial officer. Penal Code 240 PC – Assault defined, endnote 1, above. (a) Any county may establish and implement a sexual assault felony enforcement (SAFE) … In these cases, the felony assault charge could be combined with other charges such as … In contrast, a Dublin, Berkeley, or Hayward criminal defense attorney can help guide you through every step of the legal process. They can seek to establish that you were acting in self-defense. How does California law define the crime of simple assault? PC 245(a)(1) assault with a deadly weapon, 4.4. Shouse Law Group has wonderful customer service. California law in Penal Code 240 PC defines the crime of assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” The offense is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00. What to Do When Facing Federal Criminal Charges? 4 Felony assault is chared in more serious cases, as we discuss in section 4 below. Assault is also a wobbler when the person assaulted is a peace officer who works for a school district. They might argue that you were falsely accused by someone with a vendetta against you. With several locations for your convenience, Silver Law Firm helps people across Oakland and throughout the Bay Area with a wide array of criminal charges and other legal issues. In the example used above, if Audrey actually shoves Jennifer against the wall, Audrey can be charged with battery – even if Jennifer wasn’t actually injured. When you acted, you had the present ability to apply force to that person. Assault with a firearm is similar to California’s assault with a deadly weapon offense, with one significant exception: it doesnot have to be committed “in a manner likely to produce bodily harm”. In fact, someone who has been found “not guilty” can still be sued and lose. San Bernardino criminal defense attorney Michael Scafiddi, a former police officer and sergeant, represents clients in criminal cases ranging from DUI to assault to carjacking throughout the Inland Empire. If the case moves forward, your Dublin criminal defense attorney can present a variety of defenses against felony assault in California. County Sexual Assault Felony Enforcement (safe)team Program PENAL CODE SECTION 13887-13887.5 13887. There was no chance of him injuring the clerk by spitting in her face—but this may still count as an assault under California law. Are there other crimes commonly charged together with assault? A person who is convicted of simple assault faces the following possible penalties: up to six months in jail; a fine up to $1000 (or $2000 if the assault is committed against a parking officer -- someone who issues parking tickets), and; probation up to six months. In order to recover damages, the plaintiff must prove by a preponderance of the evidence that: Defenses to civil charges of assault are the same as for criminal assault charges. Disturbing the peace is also a wobbler – but in the other direction. Silver Law FirmOakland Criminal Defense Attorney, CONTACT For questions about Penal Code 240 PC California assault, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group. Code, § 240) The defendant is charged [in Count ] with assault [in violation of. A conviction for this offense carries a maximum of ninety (90) days in jail.33 In some cases, it can also be treated as an infraction.34, If you are charged with California assault under PC 240 and the evidence against you is weak—the prosecutor may agree to reduce the charges to PC 415 disturbing the peace. a deadly weapon (like a gun or knife), or, make unreasonable noise so as to disturb others, or. On the job as a police officer, firefighter, EMT, paramedic, or search and rescue member; Working as a lifeguard, process server, traffic officer, or animal control officer; Maintaining, repairing or constructing a road or highway; A military servicemember and assaulted because of they are in the military; A doctor or nurse who stops and helps someone in need, like at the scene of a car accident; or. For example, if Jonathan is in jail and attempts to hit a correctional officer, he can be charged with either misdemeanor or felony assault. It doesn’t need to be direct either—it can be done indirectly by causing an object to touch the “victim.”9. Can assault victims file a civil lawsuit? If you choose to submit information via chat, email, contact form, text message, or phone call, you agree that an attorney at Silver Law Firm may contact you. A felony conviction of aggravated assault also could result in a strike being added to your record under California… CALCRIM 915 – Simple Assault (Pen. We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. Unlike assault, throwing an object at a motor vehicle does not require that the defendant have the present ability to apply force to the victim--that is, you can be guilty of this crime even if there was no chance of the object you threw hitting the vehicle or its occupants. In a nutshell, assault is trying to use force to injure someone, and battery is actually using force against the other person. Chris is not guilty of assault for doing this—because Ryan is so far away from him by now that there is no way he could have actually hit him. Adjustment of Status through Family/Child. But because it is likely that it would have, he may still be guilty of assault. They may, for example, convince the prosecutor to drop the charges from a felony to a misdemeanor – or to drop the charges altogether for lack of evidence. The “elements” of the crime of assault—that is, the things that the prosecutor must prove in order for you to be guilty of this offense—are as follows: Let’s delve a bit more deeply into these elements of the crime of assault to better understand their meaning. Penal Code 244 PC assault with caustic chemicals is a more serious form of California assault. The definition of “application of force” is any harmful or offensive touching. Making contact with another person, including through his or her clothing, is enough. Doctor or nurse providing emergency medical care. Even though all Jim did was poke Tom in the chest, Tom may still be able to defend against assault charges with the legal defense of self-defense. Assault as a Felony. If you are charged with a felony, the punishment can be severe and life altering. But to Ricardo’s surprise, one of the students in the class calls the campus police. That word may make people think you are a violent person, when in reality you can be convicted of assault for behavior that has little to do with violence. A typical misdemeanor assault conviction can mean a fine of up to $1,000, up to six months in jail, or both a fine and jail time. 2010 California Code Penal Code Chapter 9.7. Nobody wants to go to jail or pay a fine—and nobody wants a conviction for “assault” on their record. They may assert that you didn’t intend or have the ability to use force against the other person. The penalties for sexually assaulting another person are sometimes classified as a misdemeanor offense in California, but other times the offense does arise to the level of a felony. PC 217.1(a) assault on a public official, 4.5. You only need to have been aware that, under the circumstances, there was a good chance your actions would lead to force being applied.12. According to Penal Code Section 802, there is a one-year statute of limitations in California for all misdemeanors, meaning that if the assault is charged as a misdemeanor, it must be … Battery can be charged as a misdemeanor, though there are also circumstances under which it can be a wobbler. Aware that the act might lead to the application of force, It bears re-emphasizing that you don’t need to have actually intended to use force against the “victim” for California assault laws to apply. In any of these scenarios, a felony conviction on battery charges carries a jail sentence of 16 months, two years, or three years. (Cal… prove that: 1. The major difference is that: As San Bernardino criminal defense attorney Michael Scafiddi15 explains: “The easiest way to explain the difference between assault and battery is this: an assault doesn’t necessarily involve any actual physical contact , whereas a battery does. All that matters is that you succeeded in touching him/her in a harmful or offensive manner.26, Battery is a misdemeanor, punishable by a fine of up to two thousand dollars ($2,000) and/or a county jail sentence of up to six (6) months.27, But if you actually inflict a serious injury on the victim, then you will face the tougher penalties that go along with battery causing serious bodily injury, Penal Code 242(d) PC. Visit our California DUI page to learn more. But If Joe also pulls back his fist and takes a swing at Adam, then that can be assault – even if Adam jumps out of the way so that Joe’s punch doesn’t connect. Even if your case goes to trial, your Alameda County criminal defense lawyer can work diligently to sow the seeds of doubt in the minds of jurors so that they return a favorable verdict. (Enacted 1872.) PC 243(b) and 243(c)(2) battery on a peace officer. The submission of information by a website visitor via chat, email, contact form, text message, or phone call does not create an attorney-client relationship. An experienced California criminal defense lawyer has seen this situation before—and knows how to gather evidence and interview witnesses to make sure the true story comes out. For more information, please see our article on Lawsuits for Assault and Battery in California, or contact the personal injury lawyers at the Shouse Law Group for a free consultation to discuss your case. The California Penal Code defines assault as an "unlawful attempt" to cause a "violent injury on the person of another" -- assault is often described as an attempt to commit a battery. If there’s no mistaking that you were there and that things got out of hand, your attorney could suggest to the district attorney that you may be willing to plead guilty to a misdemeanor charge of disturbing the peace in exchange for dropping the assault charge or the battery charge. direct provocative “fighting words” toward another person in public. Audrey purposely tried to shove Jennifer and knew that slamming her against the wall could result in an injury. Charges of assault are often combined with other types of Alameda County criminal charges. Penal Code 242 PC – Battery defined, endnote 3, above. This offense is a wobbler in California law, which means it may be charged as either a misdemeanor or a felony.28, If it is charged as a California felony, battery causing serious bodily injury can lead to two (2), three (3), or four (4) years in prison.29, If you are alleged to have committed an assault with either, then you will probably be charged with Penal Code 245(a)(1) PC assault with a deadly weapon.30, Assault with a deadly weapon (also known as ADW) is a wobbler, with a maximum misdemeanor sentence of one (1) year in county jail and a potential felony jail sentence of two (2), three (3) or four (4) years.31, California “disturbing the peace” laws —set out in Penal Code 415 PC—make it a crime to, Disturbing the peace is considered a low-level misdemeanor. (“The terms application of force and apply force mean to touch in a harmful or offensive manner. Assault can be charged as either a misdemeanor or a felony in California. And note that you don’t need to actually have succeeded in applying force to the other person. A criminal record can affect job, immigration, licensing and even housing opportunities. While assault is charged as a misdemeanor in the vast majority of cases, there are assault felony laws in California. You act “willfully” when you do something willingly or on purpose. A custodial officer is not a police officer, but rather someone who works as a correctional officer at a jail or prison, or who is responsible for security in courthouses, supervising a prisoner at a hospital, or transporting a prisoner. More accurately, some subsections of the California Penal Code treat assault as a “wobbler.” This means that the crime can be charged as either a misdemeanor or a felony. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Code, § 240). These include: Battery: Battery takes assault one step further, in that the person charged is accused of knowingly and willfully using force against another person. Penal Code section 240]. California battery … Scott loses his temper and spits in the clerk’s face. For example, if you are brought in for questioning, your Dublin criminal lawyer can be at your side, ensuring that you don’t say anything that can harm your defense. That’s understandable. However, an Oakland, Dublin, or other Alameda County assault conviction can carry a fine of up to $2,000 and a jail sentence of up to one year if the person assaulted is: That same penalty – up to one year in jail and a fine of up to $2,000 – can also be handed down if the assault happened in certain types of places, including: While assault is charged as a misdemeanor in the vast majority of cases, there are assault felony laws in California. Someone who has been the victim of assault in California has the right to sue the perpetrator for damages such as medical bills and lost wages. (a) (1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished … [The People are not required to prove that the defendant actually touched someone. With assault, actions and intent matter. Your attorney can also reach out to the district attorney’s office at the very earliest stages of your case in order to negotiate on your behalf. Keith did not intend to injure Greg or his son—he just wanted to intimidate them. After a man propositions her at a bar in a way she finds offensive, a woman throws the glass containing her drink at him; During a fight with a stranger over a parking space, a man swings at the stranger in an attempt to hit him, but the stranger ducks and avoids being hit; and. Assault with a Deadly Weapon: California law treats assault with a deadly weapon as a wobbler, so at times it’s charged as a misdemeanor and other times it’s charged as a felony. Under California Penal Code Section 243(c), inflicting an injury against anyone in the course of battery can increase the penalties substantially. Tom responds by pushing Jim. VC 23110 throwing an object at a motor vehicle. Definitely recommend! An experienced criminal defense attorney will try to show no intent … Posted on December 29, 2020 by Mike Fuhrman. Assault with a Firearm: Califor… They were so pleasant and knowledgeable when I contacted them. California assault charges may be brought in addition to, or in place of, charges for certain other related California offenses, including: As we discussed above, the California crime of battery, Penal Code 242 PC, differs from an assault in that it requires that the defendant actually use force or violence against someone else.25, But note that—as is the case with California assault—you can be guilty of battery in California even if you did not actually inflict an injury on the supposed victim. Other felony battery charges that lead to a conviction can result in even longer jail or prison sentences. What are the consequences if a person is convicted of 240 PC? battery (as defined in Penal Code 242 PC). Please complete the form below and we will contact you momentarily. A California criminal defense attorney can help. Under California law, the crime of sexual battery (commonly known as “sexual assault”) is a serious offense. Simple "assault" in California | Penal Code 240 PC. [The touching can be done indirectly by causing an object [or someone else] to touch the other person.] A misdemeanor conviction can result in up to one year in jail, while a felony conviction can lead to a jail term of 16 months, or two or three years. You can only claim self-defense/defense of others if you reasonably believed someone was in danger of an unlawful touching or physical injury.23, You did not act willfully or with the required intent, If you didn’t “willfully” attempt to use force against someone else, then you aren’t guilty of PC 240 assault.24. The difference between assault and battery is confusing to many people, especially since we often use the phrase “assault & battery,” which suggests that they are the same thing. Felony assault or battery based on physical injury usually requires permanent disfigurement, such as permanent scarring to the face or other body part, or significant physical injury. 5. You acted in self-defense/defense of others. Under California Penal Code 240 (PC 240), assault is defined as an attempt to commit injury to another person.However, when that attempt involves the use of a deadly weapon or force likely to cause great bodily injury or death, the charge could be increased to California Penal Code 245(a)(1).Under (PC 245(a)(1)), assault with a deadly weapon could be either a misdemeanor or a felony … You used no more force than was reasonably necessary to defend against that danger. DISCLAIMER: Silver Law Firm provides legal advice and legal representation in the state of California. The crime of battery consists of the actual use of unlawful force or violence against someone else (as opposed to just an attempt to do so). 2. They could say that you acted in self-defense. You can be charged with—and convicted of—California assault even if no one was actually hurt by your behavior. 4.1. California Penal Code Section 243(a) makes misdemeanor battery punishable by a fine of up to $2,000, by imprisonment in a county jail for up to six months, or by both. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Few states will allow mental trauma or stress to qualify in a felony assault case. The penalties for misdemeanor assault, however, can shift depending upon the victim. 4. CALCRIM 917 – Insulting Words Are Not a Defense. The defendant does not need to be found guilty in a criminal trial or even charged with a crime. 240 PC simple assault is a misdemeanor in California law.4 Felony assault is chared in more serious cases, as we discuss in section 4 below. Greg’s son is getting into the car on the passenger (right) side when Keith is firing. Assault with a Deadly Weapon or Assault Likely to Produce Great Bodily Injury (also known as “ADW,” “aggravated assault,” or “felony assault”) are serious offenses. Maybe your actions were accidental or the result of a misunderstanding—or they were misinterpreted by the supposed “victim.” If this is the case, you and your criminal defense attorney can make sure that the prosecutor and jury get the full story. To prove that the defendant is guilty of this crime, the People must. Any information you provide will be kept confidential. If charged as a misdemeanor, it carries the same penalties as simple assault. For a misdemeanor, a conviction can mean up to a year in jail; for a felony, the punishment can be two, three, or four years in prison. For example, if Lisa throws a rock at a school resource officer because she doesn’t like the way he treats her daughter, then Lisa can be charged with either misdemeanor or felony assault. Before examining a list of felony charges in California pertaining to crimes against persons, it’s helpful to take a step back and look at felonies in the context of other types of criminal … FROM STAFF REPORTS. Let’s say that he is some distance away from the store clerk when he spits at her, and his saliva does not actually end up landing on her. As a result, far too many people who have no criminal history, and never thought they were doing anything that was against the law, get hit by PC 240 charges. An assault charge isn’t something to be taken lightly – especially if it is one of several related charges. California assault and California battery are, in reality, completely different offenses. 4.2. Being charged with assault under … PC 244 assault with caustic chemicals, 4.6. You won’t understand your options and you may even incriminate yourself. If you or someone you love has been charged under felony assault laws in Alameda County, it’s imperative that you have a seasoned Bay Area criminal defense attorney at your side. For more information on Nevada “assault & battery” laws, please visit our page on Nevada “assault & battery” laws. Even though people often use the phrase “assault & battery,” assault and battery (as defined in Penal Code 242 PC) are actually two distinct crimes. VC 23110 is a misdemeanor in most cases. You did not actually have the ability to inflict force/violence on the other person; You did not act willfully or with the required intent; and. Assault on a law enforcement officer or emergency personnel. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. HEADQUARTERS A felony assault charge usually involves some type of violence, possibly involving the use of a dangerous weapon. Ricardo had no intention of actually hurting Professor Blume or breaking the law. One night Greg and his teenage son drive to Keith’s house. We are available 24 hours a day, seven days a week, and initial consults are always confidential. Example: Scott gets in an argument with a store clerk who has wrongly accused him of shoplifting. He is an expert in California evidence law and he is well-known at the criminal courts in Palm Springs, Hemet, Riverside, Barstow and Victorville. Vehicle Code 23110 VC – Throwing objects at a motor vehicle [overlaps to some extent with the crime of assault]. Finally, felony assault must include a physical injury. Copyright © 2021 Shouse Law Group, A.P.C. battery causing serious bodily injury, Penal Code 242(d) PC, Penal Code 245(a)(1) PC assault with a deadly weapon, California “disturbing the peace” laws —set out in Penal Code 415 PC, California crime of “assault on a public official” (217.1 PC), Penal Code 244 PC assault with caustic chemicals, Vehicle Code 23110 VC throwing objects at a motor vehicle, Lawsuits for Assault and Battery in California, statute of limitations for assault charges to be filed in California, Penal Code 241 PC – Assault on a Police Officer, People v. Myers (1998) 61 Cal.App.4th 328, Penal Code 1203.42 expands the right to “expunge” a crime in California, Does California follow the Castle doctrine? The requirement of … Specifically, you face heightened penalties if you assault someone who is engaged in the performance of his/her duties as a, If the assault victim falls into one of these categories—and you knew or reasonably should have known that they did—then the maximum county jail sentence increases to one (1) year; and the maximum fine increases to two thousand dollars ($2,000).18, The maximum fine for assault also increases to two thousand dollars ($2,000) if the victim is a parking control officer engaged in the performance of his/her duties—for obvious reasons, a common potential target of assault!19. Use of an assault rifle or a machine gun is a felony, and a conviction can lead to a prison sentence of four, eight, or twelve years. For example, a conviction for throwing acid or something flammable at another person can lead to a two-, three-, or four-year prison term, while a conviction relating to using a stun gun on another person can lead to 16 months, two years, or three years, in jail. ]”), CALCRIM 915 – Simple Assault (Pen. For example, if Audrey and Jennifer are arguing over whether Jennifer is having an affair with Audrey’s boyfriend and Audrey accidentally bumps Jennifer, that’s not a crime. Disturbing the Peace: If you get into a fight or an altercation in public, you may be charged with disturbing the peace. One day Jim confronts him in the parking lot where he is washing his car. PC 240 assault is a California misdemeanor. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.”), CALCRIM 915 – Simple Assault (Pen. 29. Up to six (6) months in county jail; and/or. If you’ve been charged with a crime in Oakland or anywhere in the Bay Area, contact Silver Law Firm today and schedule a free consultation to discuss your situation with an attorney.