PC 240 Assault
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
In California, we have several assault crimes. If you have been charged with assault, know that some California assault charges are more serious than others.
California Penal Code 240 deals with the most basic and least serious assault charges. If you have been charged with PC 245(a)(2) Assault with a Firearm, please visit those sections of our website.
What is an “Assault” under California Penal Code Section 240?
For a defendant to be convicted of PC 240 Assault, the prosecutor must prove that:
1. There was an unlawful attempt,
2. And a present ability,
3. To commit a violent injury upon another person.
Help me understand the elements of this crime. What is an “unlawful attempt”?
When any California criminal law requires an attempt, it means that the action must have been done with intent and purpose. For the purposes of PC 240 Assault, the prosecutor must prove that a defendant either a) intended to injure another person, or b) intended to break the law.
Here is an example to help us better understand.
Let’s say that a friend is at your house, and you have an argument with him. You ask him to leave your house, but he refuses. You pick up an object and throw it at your friend. You are angry, and want to harm him. However, your friend ducks and the object misses him by inches.
Although there has been no injury, you may be convicted of PC 240 Assault under these circumstances because you had the intent to injure another person.
Now, let’s use the same facts, except you didn’t want to harm your friend. You merely wanted to scare him, so he would leave your house. Again, your friend ducks and is not injured. Although in this situation you did not intend to harm anyone, you may still be convicted of PC 240 Assault because the intent to throw the object at your friend is still an “unlawful attempt”. Why? Because you were aware that your act would likely result in harm – in other words, you knew that if the object hit your friend, it would cause harm.
What is “present ability”?
The ability, at the moment an unlawful attempt is made, to “commit a violent injury”.
Here is another example. You are a football fan, and hate a player of another team. You see that player outside of a press event in Hollywood, just 15 feet away from you. You throw a bottle at him. In this situation, whether you hit the football player with the bottle or not, you had the “present ability” to hit him.
Now, imagine the football player is in a stadium, on the field. You have great seats, at your team’s end zone, first row. The game is on the opposite end of the field, and the player you hate scores a touchdown. Angry, you throw a bottle on the field. You even wish you could hit the player you hate. However, he is 100 yards away, at the opposite end of the field. Not even a professional quarterback can throw a bottle 100 yards. Because of the distance between you and the football player you hate, there is no “present ability” to “commit a violent injury”, and you cannot be convicted of PC 240 Assault.
What is a “violent injury”?
Remember, to be convicted of PC 240 Assault no injury is required – only an attempt and present ability to commit a “violent injury”. Despite that, the law seems to imply that you must have intended to cause a serious injury. However, a “violent” injury is actually not as serious as it seems! Of course intending to kick, punch, or choke someone would qualify as a “violent injury”. However, attempting to hit a book or cell phone out of someone’s hand also qualifies as “violent injuries”.
How can the criminal defense attorneys from the Law Offices of Natalio Pereira fight my PC 240 Assault charge?
Our experienced criminal defense attorneys have several ways to fight a PC 240 Assault charge in our Southern California courts. Some of the ways we fight your PC 240 Assault charges are:
Inability to commit a violent injury. Remember our football example from above? If it would have been impossible for you to cause a “violent injury” to someone due to the circumstances of your case, you cannot be convicted of PC240 Assault. Our criminal defense attorneys at the Law Offices of Natalio Pereira can investigate the facts of your case, and show the prosecutor that it would have been impossible for you to cause “violent injury” to the alleged victim.
Self-Defense/Defense of Others. If you reasonably believe that you or someone else is about to be seriously harmed by another, you can use means of defending yourself or someone else. Let’s say that you are at a bar. A small-statured friend of yours accidentally bumped into a much larger man. The much larger man walks towards your friend, and punches your friend. You tell the larger man “If you hit my friend again, I will punch you in the face!” In this situation, you may threaten to hit the larger man, because you are coming to the reasonable defense of someone who is being harmed.
False accusations. Simply put, you were wrongfully accused. PC 240 Assault is a crime that requires no physical injury, so it is common for someone to be falsely accused of committing the crime. You may have been accused by someone who wants to harm you, seeks revenge, or lied to law enforcement to avoid getting into legal trouble themselves. If you have been falsely accused of PC 240 Assault, contact our criminal defense attorneys to investigate your case and present the truth to the prosecutor!
Lack of intent. Remember, the act must have been done “willfully” to be convicted of PC 240 Assault. What if you swing your arms around and don’t realize that someone is directly behind you? What if you throw a bottle and don’t realize that a person is standing near the place where the bottle will land? You must have intent to injure someone in order to be convicted of PC 240 Assault.
What sort of penalties am I facing if I am convicted of PC 240 Assault?
California PC 240 Assault is a misdemeanor. If convicted, you may face the following penalties:
California misdemeanor probation;
Up to 6 months in county jail;
Up to $1,000 in fines;
Successful completion of a Batterer’s Class, or
Community service.