California Assault Law
Under California law it is illegal to assault another person unless it is done in self-defense. California has different degrees of assault, and each carries different penalties. Those convicted of assault may face jail time, fines, or both. Assault with a weapon or firearm is considered a felony charge in California, while other forms of assault are considered misdemeanors.
Other People Are Reading
-
Simple Assault
-
A simple assault does not involve a weapon. Under California Penal Code 240 PC, assault is defined as an attempted act to commit physical harm to another person. Actually causing physical harm is not required when defining assault in California, only the intent and means to do so. This law was first enacted in 1872. Prosecutors refer to this type of assault as a "simple assault" since the alleged victim doesn't suffer heavy injury. Simple assaults are viewed as misdemeanors in the state of California.
Assault With A Deadly Weapon
-
A knife is considered a deadly weapon in California. Penal Code 245(a)(1) in California refers to assault with a deadly weapon. It is also known as aggravated assault or ADW. In order for an assault to be considered aggravated, the suspect must use an instrument or weapon, other than a firearm, capable of causing great harm to another person. The victim must also suffer serious bodily injuries as a result. Unlike simple assaults, aggravated assaults are considered felonies in California.
-
Assault With A Firearm
-
Assault with a firearm is a felony in California. California Penal Code Section 244 relates to assault with a firearm. Unlike simple assaults and aggravated assaults, an assault with a firearm can be committed regardless if it was committed in "a manner likely to produce bodily harm." In other words, if a suspect simply has a firearm during an assault it is considered assault with a firearm, regardless if he planned on using the firearm or not.
Penalties
-
An assault conviction could land you in prison. Each different type of assault carries with it a specific penalty for those convicted. Those convicted of a simple assault may face up to six months in jail and a fine of $1,000. If you are convicted of assault with a deadly weapon or assault with a firearm you may spend up to four years in prison and pay a fine of up to $10,000. Each punishment may be elevated depending on the circumstances. For example, your sentence may be elevated if the assault takes place on school grounds.
Self-Defense
-
Under California law, people have the right to defend themselves against another and not be liable for assault charges if the defense is viewed as a reasonable action. People also have the right to use force if it relates to protecting their property or another person. These laws also govern police officers. California courts do not recognize self-defense as an excuse if you yourself help to create a situation in which an assault can take place. For example, if you are involved in a fight that you started, you may not claim self-defense.
-
References
Resources
- Photo Credit flag of california and usa image by pmphoto from Fotolia.com fist image by Stepanov from Fotolia.com knife image by dethchimo from Fotolia.com a gun image by timur1970 from Fotolia.com the prisoner image by Hunta from Fotolia.com
