California Assault Penalties: Understanding the Legal Consequences

BY | April 10, 2024

Assault is a complex topic in California law, and the penalties can vary substantially, depending on the circumstances. Generally, using a weapon or attacking a police officer will result in harsher punishments than using hands, feet, or fists alone.

This article discusses the definition of assault in California and provides information on the penalties for those convicted. We also discuss time limits for pressing assault charges in California and how they differ between misdemeanor and felony charges.

What is assault in California?

California defines violent assault as the unlawful attempt to cause injury to another person.

It is distinct from assault and battery, where assault refers to the attempt to cause physical harm, while battery is actual injury done.

For example, an offender might violently attack a person by punching them in the chest. If the victim was wearing armor, the foray might not result in any injury (ruling out battery), but it would still count as assault (because of the intent to harm).

Understanding Assault Charges in California

If law enforcement officials charge a defendant with assault, it means they believe that:

The defendant committed an act that applied physical force to someone else,
They acted wilfully (with intent),
They were aware that their actions would lead to the application of force to the victim
They could apply force to the victim

The most common defense against assault is self-defense. Defendants often “apply force” because they believe they (or someone else) are in immediate physical danger. However, other defenses exist, including:

Not acting wilfully to hurt someone or with the required intent
Being falsely accused

California Assault Penalties

California sets out violent assault penalties until Section PC240 of the Penal Code. The size of jail terms and fines depend on the circumstances of the assault.

Assault Jail Time in California

A simple assault charge in California carries a maximum jail time of six months, a fine of up to $1,000, or a combination of both.

An assault on an officer or emergency professional engaged in their duties can result in one year in jail, a fine of $2,000, or a combination of both.

Both crimes are misdemeanors.

Assault with a deadly weapon is more serious. If courts decide it is a misdemeanor, the penalty is the same as a simple assault charge. However, if it is a felony, it can result in two, three, or four years in jail.

Time Limits to Press Charges for Assault in California

How long do you have to press charges for assault in California?

Like most states, California operates a statute of limitations. This law means that victims must press charges within a specific time for a case to go to court. The Golden State defines this limit as one year for simple assault misdemeanors and three for felony assaults.

If you or someone you know is being held in jail on assault charges in California, call our team. We can help them secure a bail bond and reclaim their freedom fast.

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