What is Considered Assault in California?
Under California Penal Code 484, assault is the threat of or attempt to cause physical injury. A charge of assault is concerned solely with the threat. If a person attempts to hit another with a vehicle, this is assault even though the attempt failed and the intended victim was completely unharmed. Battery is charged when the assault is successful and some injury results.
Is Assault a Misdemeanor or a Felony?
Assault may be charged as a misdemeanor or a felony, and both have serious consequences in California:
- Simple assault – Under California Penal Code Section 240, simple assault involves an attempt to commit a violent injury on another person. As a misdemeanor, simple assault can be penalized by extensive fines and fees and up to six months in jail. Charges and penalties can be enhanced for defendants with a criminal history.
- Assault with a deadly weapon – Under PC 245, assault with a deadly weapon occurred with an individual commits assault with a deadly weapon or with some other means of force that is likely to cause great bodily injury. This charge can be prosecuted as a misdemeanor or felony, and is punishable by longer terms of imprisonment.
