Types of Assault Charges in California: What You Need to Know

Assault charges in California come in many forms, each with its own set of definitions and penalties. Whether the charges involve a simple threat of harm or a more serious physical attack, understanding the different types of assault charges is important if you or someone you care about is facing accusations.

Simple Assault (California Penal Code 240)

Simple assault is the most basic form of assault charge in California. It’s defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Importantly, no physical contact is necessary for a simple assault charge – the attempt or threat alone is sufficient.

Key points about simple assault:

• It’s typically charged as a misdemeanor
• Penalties may include up to 6 months in county jail and/or a fine of up to $1,000
• Additional penalties may apply if the alleged victim is a protected person (e.g., police officer, firefighter, or healthcare worker)

Assault with a Deadly Weapon (California Penal Code 245(a)(1))

Assault with a deadly weapon (ADW) is a more serious charge. It involves either assaulting someone with a deadly weapon or instrument or using force likely to produce great bodily injury.

Important aspects of ADW charges:

• Can be charged as either a misdemeanor or a felony (a “wobbler”)
• A “deadly weapon” can be almost any object capable of inflicting great bodily injury
• Penalties for a felony conviction may include 2-4 years in state prison and/or a fine of up to $10,000

Aggravated Assault (California Penal Code 245)

Aggravated assault encompasses several specific types of assault that are considered more serious due to the circumstances or the status of the alleged victim. These include:

1. Assault with a deadly weapon or force likely to produce great bodily injury (as mentioned above)
2. Assault with a firearm (California Penal Code 245(a)(2))
3. Assault on a peace officer or firefighter (California Penal Code 245(c))
4. Assault with caustic chemicals (California Penal Code 244)

Penalties for aggravated assault can vary widely depending on the specific charge and circumstances but generally include longer prison sentences and higher fines than simple assault.

Sexual Assault (Various California Penal Code Sections)

Sexual assault refers to a range of sex crimes involving non-consensual sexual contact. These can include:

• Rape (California Penal Code 261)
• Sexual battery (California Penal Code 243.4)
• Statutory rape (California Penal Code 261.5)

Sexual assault charges are typically felonies and can result in severe penalties, including substantial prison time and lifetime sex offender registration.

Domestic Violence Assault (California Penal Code 273.5)

Assault charges involving domestic partners fall under specific statutes in California. The most common is corporal injury to a spouse or cohabitant (California Penal Code 273.5), which involves willfully inflicting corporal injury resulting in a traumatic condition on an intimate partner.

Key points about domestic violence assault:

• Can be charged as either a misdemeanor or a felony
• Penalties may include up to 4 years in state prison for a felony conviction
• Often involves mandatory domestic violence classes and protective orders

Assault on a Public Official (California Penal Code 217.1(a))

Assaulting or attempting to assault a public official is a specific charge that carries enhanced penalties. This includes attacks on elected officials, judges, prosecutors, and other government employees.

Vehicular Assault (California Penal Code 245(a)(1))

Using a vehicle to assault someone can be charged under the general assault with a deadly weapon statute. In this case, the vehicle is considered the deadly weapon.

Factors That Can Enhance Assault Charges

Several factors can elevate assault charges or lead to enhanced penalties:

1. Use of a weapon
2. Severity of injuries to the alleged victim
3. Status of the alleged victim (e.g., protected profession, elderly, or child)
4. Prior criminal record, especially violent offenses
5. Gang-related activity

Defenses Against Assault Charges

If you’re facing assault charges in California, several defense strategies may be available depending on the specifics of your case:

1. Self-defense or defense of others: If you reasonably believed you or another person were in imminent danger of harm, your actions may be legally justified.
2. Lack of intent: Assault requires a willful act. If the incident was truly accidental, it may not meet the legal definition of assault.
3. Mistaken identity: In some cases, you may have been wrongly identified as the perpetrator.
4. False accusations: Unfortunately, false assault allegations do occur, sometimes out of anger, jealousy, or to gain an advantage in another dispute.
5. Insufficient evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If there’s not enough evidence to do so, you shouldn’t be convicted.
6. Constitutional violations: If law enforcement violated your rights during the arrest or investigation, it may be possible to have evidence suppressed or charges dismissed.

How a Criminal Defense Attorney Can Help

Assault charges in California can have serious consequences, potentially impacting your freedom, job prospects, and personal relationships. At David P. Shapiro Criminal Defense Attorneys, we have extensive experience defending clients against all types of assault charges. When you work with our firm, you can expect:

• A thorough investigation of the allegations against you
• Development of a strong defense strategy tailored to your unique situation
• Protection of your constitutional rights throughout the legal process
• Skilled negotiation with prosecutors to seek reduced charges or dismissal when possible
• Aggressive advocacy at trial if necessary to fight for your freedom

We understand the stress and uncertainty that come with facing criminal charges. Our team is committed to providing compassionate support and clear communication throughout your case, ensuring you understand your options and can make informed decisions about your defense.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.