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Los Angeles Assault Defense Attorneys

California Penal Code 245

California law defines assault in Penal Code 240 as performing an act that is likely to result in the application of force to another person.

Basic misdemeanor assault in California carries a penalty of up to six months of jail; one year if the assault is carried out with a deadly weapon. If felony assault with a deadly weapon is charged, the punishment can be up to four years state prison, with more time of a gun is used or the victim is injured.

If you are arrested or charged with assault in San Bernardino, Los Angeles or the surrounding areas, speak with one of our criminal defense lawyers for an analysis of your assault case and possible legal defenses.

Here is what the state must prove in order to convict someone of basic misdemeanor assault in California (based on the California Judicial Council's Jury Instructions):

Elements of California Assault Law

Penal Code Section 245

1. The person charged with assault performed an act that by its nature would directly and probably result in the application of force to a person;

2. The person charged with assault did that act willfully;

3. When the person charged with assault performed the act, he was aware of facts that would lead a reasonable person to realize that the act by its nature would directly and probably result in the application of force to someone;

4. When the person charged with assault performed the act, he had the present ability to apply force to a person;

AND

5. If self-defense is at issue, the person charged with assault did not perform the act in self-defense or in defense of someone else.

• The terms application of force and apply force mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.
• The touching can be done indirectly by causing an object or someone else to touch the other person.
• The prosecution is not required to prove that the defendant actually touched someone.
• The prosecution is not required to prove that the defendant actually intended to use force against someone when he acted.
• No one needs to actually have been injured by the defendant's act. But if someone was injured, the jury may consider that fact, along with all the other evidence, in deciding whether the defendant committed an assault.
• Voluntary intoxication is not a defense to assault.

Additional Resources Regarding Assault

California Penal Code Section 245

Definition of Assault
Elements of the crime of assault, variations in assault law by jurisdiction, history of the crime of assault

California Coalition Against Sexual Assault
Resources for the prevention of sexual assault in California.