Understanding Assault in California: PC 240 Explained

California Penal Code Section 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.” Assault is an attempt crime, meaning the person intended to commit the act but did not succeed. Unlike battery, which requires actual physical contact, assault focuses on the attempt to harm. A skilled defense attorney can help navigate these charges effectively.

Key Elements of Assault

Prosecutors must prove four elements to secure a conviction:

1. An act likely to result in physical force on another person
2. The act was done willfully
3. The defendant knew their actions could result in applying force
4. The defendant had the ability to apply force at the time

Willful action means the act is done willingly or on purpose, regardless of intent to break the law or harm someone.

Assault vs. Battery

Battery (PC 242) requires actual physical harm, whereas assault is the attempt. For example, pointing a gun and threatening someone is assault; shooting or hitting them constitutes battery. Learn more about PC 242.

Common Defenses to Assault Charges

The prosecution must prove every element beyond a reasonable doubt. Defenses include self-defense, defense of others, intoxication, diminished capacity, or insanity. Experienced attorneys evaluate evidence to protect clients’ rights.

Penalties for Assault (PC 240)

Penalties may include fines up to $1,000, county jail up to six months, or both. Using a deadly weapon or targeting protected groups increases punishment. Official code reference: PC 240.

Related Charges Handled

Other cases include:
Assault with a Deadly Weapon,
Battery,
Resisting Arrest,
Burglary,
Theft Crimes.

Contact a Defense Attorney in San Diego

If you are facing assault charges under PC 240, contact Anton Vialtsin, Esq., a trusted criminal defense attorney in San Diego.