Criminal asault is a crimie against a person. California Penal Code Section 240 defines Assault as follows: An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

California Penal Code Section 241 provides for punishment as follows: 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (b) When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (c) When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.

At common law assault was defined as an attempted battery (specific intent crime) or an attempt or threat with unlawful force which causes a reasonable apprehension in the mind of the victim of imminent bodily harm. The second definition is a general intent crime. At common law Assault was a misdemeanor. However, modern statutes have created aggrevated assault which may be a felony.

Assault and Battery are routinely charged at the same time since they are closely related criminal actions. However, they have separate and distinct elements that must be proved in order to establish criminal culpability for each individual charge.

Defenses to Assault: What defenses can be asserted in a criminal assault case in California? Contact a criminal lawyer in our office for more information.

What due process of law is a criminal defendant entitled to when defending a criminal charge of assault and battery?

Our Southern California criminal attorney serves greater Orange County in communities such as Newport Beach, Santa Ana, Irvine, Westminster, Costa Mesa, Huntington Beach, and Laguna Beach and routinely appears in the local courts such as the Orange County Central Courthouse (Santa Ana Court), Newport Beach Courthouse (Harbor Justice Center), Westminster Courthouse, Fullerton Courthouse, Los Angeles Courts, North County San Diego Courthouse (Vista Court), Riverside Courts, and Long Beach Courthouse. Contact an Orange County criminal attorney in our Newport Beach office for further help with your Southern California criminal law charges.