Defining “Assault” Under California Law

Have you been accused of assault in Los Angeles? Under California Penal Code 240 PC, "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." In simple terms, if you perform an "act" that is likely to result in the application of force to another person, you have committed assault. Contact does not have to be made for assault to occur, the attempt itself and the ability to do so is all that is required in an assault charge. Unlike "battery" where you actually use force or violence against another person, assault can involve just the intent to inflict harm as opposed to the act itself. Under California Penal Code 240 assault is a misdemeanor offense and if convicted you could face:

• Up to six months in the county jail
• A fine up to $1000
• Successful completion of a batterer's program
• Community Service

In Your Defense

Because assault charges often involve two people where there were no witnesses, innocent people are wrongfully accused every day. In order for the prosecution to convict you they would have to prove that three factors were present:

• That you "willfully" behaved in such a way that would result in the application of force to another.
• That you were aware that your act would result in inflicting force or injury.
• That when you acted, you had the ability to follow through with the potentially harmful act, had you caused contact.

If you or a loved one has been accused of assault in Los Angeles or the surrounding areas, a skilled Los Angeles assault attorney at Tyler & Wilson, LLP can help. We have experience in defending clients who have been wrongfully accused of assault. We are fully aware of the ramifications involved if you are convicted and will do everything in our power to either reduce the charges or have them dropped. 

Contact a Los Angeles Assault Defense Lawyer at our firm today for a fee consultation if you have been accused of assault.