What are the factors or elements for 240 PC Assault?
Under Penal Code 240 PC, California’s assault law, the “elements” of the crime of assault—that is, the things that the prosecutor must prove in order for you to be guilty of this offense—are as follows:
- You did an act that, by its nature, would probably result directly in the application of force to someone else;
- You did that act willfully;
- When you acted, you were aware of facts that would lead a reasonable person to believe that the act would directly and probably result in the application of force to that person; and
- When you acted, you had the present ability to apply force to that person.NOTE THAT ASSAULT AND BATTERY ARE TWO DISTINCT OFFENSES
Penal Code 240 PC simple assault is a misdemeanor in California law. The penalties for California assault in most cases include a fine of up to one thousand dollars ($1,000) and/or up to six (6) months in county jail.
How can we defend you against charges of California Penal Code 240 PC Assault?
You may be charged with, and convicted of, assault in California if no one was actually hurt by your behavior. As a result, too many people who have no criminal history, and never thought they were doing anything that was against the law, get charged with PC 240 charges.
At the law offices of Michael Fiumara we can help by arguing the following defenses:
- You did not actually have the ability to inflict force/violence on the other person;
- You acted inself-defense or defense of someone else;
- You did not act willfully or with the required intent; and
- You were wrongfully accused.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!
Please CLICK HERE to visit our dedicated page on assault and battery charges for more info.