An assault charge can threaten your freedom and disrupt your life substantially. Some people believe assault is a relatively simple offense that only comes with a single penalty.
In truth, assault is charged in numerous ways in California. Knowing your precise charge can help you make decisions regarding your case. Below is a breakdown of assault under California law.
Simple assault
As defined under state Penal Code Section 240, this is the most basic form of assault. It involves an unlawful attempt, coupled with the present ability, to inflict a violent injury on another person.
Simple assault is typically a misdemeanor. It can result in up to six months in jail and a fine of up to $1,000.
Aggravated assault
This is one of the most severe forms of assault and involves the use of a deadly weapon or force likely to cause serious bodily harm. Aggravated assault can be charged as a misdemeanor or a felony, depending on the circumstances. Penalties if convicted can include significant jail time and substantial fines.
Other assault charges
Other serious assault offenses in California include vehicular assault, sexual assault and assault on a public official. Each of these charges carries potentially serious consequences (like prison time and significant fees) upon conviction.
You may believe you are safe from legal trouble if you never even touched the other person. Unfortunately, just an attempt with no physical contact can lead to assault charges and possible conviction.
Having experienced legal guidance can help you protect your rights and find the best strategy if you are facing an assault charge.