Assault

Misdemeanor

An assault is defined as intentional attempt to physically injure another or placing another in apprehension of harm by threatening to cause harm to another, behaving or stating something in a manner that causes the other person to believe they are about to attacked. Assault does not require physical contact. The law only requires the following:

• The defendant had the ability to act
• The defendant acted willingly
• The defendant’s actions were likely to result in harm to another
• A reasonable person would belief that harm is imminent

A simple assault is typically a misdemeanor in California. As such, it carries a maximum of 6 months in county jail, a fine of $1,000 or both.

Felony

Assault like conduct can result in felony charges if:

• A deadly weapon (gun, knife, baseball bat etc…) is used or
• Another means of force likely to cause great bodily injury (GBI) is used

This type of behavior may elevate misdemeanor assault charges to felony assault with a deadly weapon charges (ADW)

The penalties for ADW range from a year in county jail to four years in prison.

Defenses

To defend against and beat assault charges consult with an experienced criminal defense attorney. A skilled and seasoned defense attorney can help. The following are the most common defenses against assault charges:

• You did not have the ability to inflict force or violence
• You acted in self-defense/defense of others
• You did not act willfully or with the required intent
• You were falsely accused
• You did not use a deadly weapon