Assault

Los Angeles Assault Attorney

California Penal Code § 240

"An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury..."

A person commits assault when he /she threatens to harm someone else. According to California law, you do not need to hurt someone to face an assault conviction. In fact, the police can arrest you for assault even if you did not touch the alleged victim. This makes it very easy for law enforcement to make false assault accusations.

Facing assault crime charges in Los Angeles? Contact us today for a free consultation.

Understanding "Assault"

Assault is not always a violent crime. Prosecutors only need to demonstrate that you committed an act that would probably lead to a physical attack.

The fundamental characteristics of assault are:

  • The defendant attempted to commit a forceful act
  • The defendant had the ability to commit the alleged forceful act

Aggravated Assault Penalties

  • One Year in Jail
  • Fine ($10,000)
  • Victim Restitution
  • Community Service
  • Anger Management Classes
  • Informal Probation

Is Assault a Misdemeanor or a Felony?

Simple assault is a misdemeanor; aggravated assault can be a felony. Aggravated assault (Assault with a Deadly Weapon) is a "wobbler." It can be charged as a felony or a misdemeanor, depending on the circumstances surrounding the crime. These factors include the type of weapon, the victim's injuries (if any), and if the victim was a "protected individual." Officers, firefighters, etc. are protected.

Aggravated assault must involve a weapon, but the legal definition of "weapon" is very broad. Any potentially dangerous object – such as a broken bottle, a car, or a sharp pencil – is a deadly weapon if someone threatens to harm another person with it.

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