If you have been arrested for the crime of Assault, contact experienced criminal defense lawyer Max Gorby at (323) 477-2819.

•  California Penal Code 240 PC — Assault

California Penal Code 240 PC — Assault. “ASSAULT DEFINED. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

California Penal Code 241 — Assault, punishment. “(a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.”

Consent may be a complete or partial defense to assault.

Four elements were required at common law:

1. The apparent, present ability to carry out;
2. An unlawful attempt;
3. To commit a violent injury;
4. Upon another.

The crime of “assault” in California is usually filed as a misdemeanor since there was not actual contact, unless committed against a police officer.  Assault is an act that is likely to result in the attempt to commit a battery.  There is no requirement that an assault must actually result in violence or a forceful act upon another.

Please contact Los Angeles Defense Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section 240 PC – Assault.