Do You Know the Difference Between Simple Assault and Aggravated Assault According to California Law?

Do You Know the Difference Between Simple Assault and Aggravated Assault According to California Law?

If you are accused of assault, you will either be charged with simple assault or aggravated assault. These are similar crimes but can come with very different penalties. At Chambers Law Firm, we invite you to keep reading to learn the difference between the two, then contact us at 714-760-4088 if you are in need of a free legal consultation from an experienced attorney.

Simple Assault

Penal Code 240 PC requires that the prosecution must prove a series of actors to convict a person of simple assault:

  • The accused acted in a way that would have directly and probably would have resulted in force being applied to a person
  • The accused did so willfully
  • The accused was aware that what they were doing would lead a reasonable person to believe that the application of force was forthcoming
  • The defendant had the ability to apply force
  • The defendant was not acting in their own self-defense or defending someone else

If the prosecution cannot prove all of these elements, then they have not successfully proven their case.

Potential Penalties for a Simple Assault Conviction

If a person is charged with assault, they will face a misdemeanor charge that is punishable by up to six months in jail and fines of up to $1,000. The statute of limitations for this crime starts as soon as the alleged offense is discovered by the alleged victim.

Aggravated Assault

There is actually not a specific “aggravated assault” charge in California, but the term is used to refer to any form of assault that is more complex or serious than simple assault as listed above. For example, assault with a deadly weapon, assault with a firearm, assault with a deadly weapon on a school employee, assault with a firearm, and assault by means likely to result in great bodily injury are all examples of aggravated assault.

Potential Penalties for an Assault Conviction

In most cases, aggravated assault charges are what is known as a wobbler charge. This means the prosecution can decide if they want to charge it as a misdemeanor or a felony. They do so based on the facts of the case as well as the criminal history of the accused. A conviction for misdemeanor aggravated assault can result in up to one year in county jail, while a conviction for felony aggravated assault can come with a prison sentence of up to four years.

If you are facing any type of assault charge, your next step should be to call a criminal defense attorney. You can reach Chambers Law Firm at 714-760-4088 to request a free legal consultation and to find out what your best defense options are.

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