What Constitutes Assault in California?

Posted on: October 2nd, 2023 by Dod Law

Assault Charges in California 

What is classified as assault depends on the circumstances of the altercation. An assault can be defined as when someone throws an object at someone else or intimidates someone with a deadly weapon. In addition, the consequences of an assault charge can vary depending on the severity and situation of the assault.   Learn more about assault charges in California. 

An experienced assault defense attorney from Dod Law knows how to untangle the legal difficulties surrounding an assault charge. They will be able to examine the situation that resulted in your assault charge and ascertain whether law enforcement arrested you under the appropriate charge. If your circumstances show that you did not willfully attempt to use force, were falsely accused of assault, or reacted in self-defense, your attorney will work hard to drop or dismiss the charges against you.

What Are the Types of Assault Charges in California?

There are various types of charges that may constitute as assault, such as:

Assault and Battery

An assault is an unlawful attempt and capability to commit a violent injury to another person. On the other hand, battery is any willful and unlawful use of force or violence upon another person. The difference is that an assault is an attempt to injure another in a way that may not involve any physical contact. In contrast, battery involves actual physical contact that may or may not cause an injury. 

Misdemeanor assault and battery charges are punishable by a $1,000 fine for an assault and a $2,000 fine for battery, up to six months in jail, or a fine and imprisonment. However, the more serious the injury, the more severe the punishment. Assault and battery on individuals trying to perform their duties, such as law enforcement officers, EMTs, and lifeguards, may also qualify you for more severe consequences.

Assault With a Deadly Weapon

Assault with a deadly weapon is when an individual allegedly assaults someone using force or a deadly weapon that can produce significant bodily injury. This charge can be a misdemeanor or a felony charge that can bring about consequences of being imprisoned in prison for two to four years, up to $10,000 in fines, or both a fine and imprisonment. 

An example of assault with a deadly weapon is if a person pulls out a gun and fires over the head of someone else for intimidation purposes. Because there was a chance that the person who was fired at could have been injured by the shot when the person fired the gun, this constitutes assault with a deadly weapon.

Other Assault Circumstances

If you maliciously and willfully discharge a firearm in occupied buildings, structures, or vehicles, the punishment will be much more severe. However, to be convicted, it has to be proven that you had willful intent to either scare or harm someone when you discharged the firearm in these places. If you are convicted of this charge, you can expect a sentence of three to seven years in the state prison or six to twelve months in the county jail. This law does not apply to an accidental discharge.

Seek Legal Help From Dod Law, APC If You Are Facing Assault Charges

Facing assault charges can be complicated, as many factors depend on the circumstances surrounding the offense. Our attorneys at Dod Law, APC understand the legal complexities of assault charges. We will devise a legal strategy that pertains to the specifics of your situation. 

We can help analyze your circumstances and formulate a plan to have your charges reduced, dropped, or dismissed. We will do everything possible to get the best possible result for your case. Get a free case review by calling us at our San Diego office (619) 814-5110 | Vista office 760-814-6025 or completing our contact form.