Assault crimes are one of the most prevalent in San Diego, California, with thousands of events happening each year. California Penal Code 240, 242 describes assault as an intentional attempt to physically injure another person or an event that forces someone to believe that they are about to be attacked. Unlike battery, physical contact is not involved in the crime of assault.
Simple Assault Explained
If you take a swing at someone during a heated argument in California and they are within striking distance, you have committed simple assault. Words alone are not assault; however, threatening to hit somebody and an action to carry out the threat can be. To make a determination of how assault should be charged, it is important to determine who the victim is because it can help determine the severity of the offense as well as the punishment that will follow. Assaulting a doctor, school employee, animal control officer, member of the United States military, or public transportation employee can carry more severe penalties because of who it is.
The penalties for assault are typically misdemeanors. Somebody who is convicted of simple assault may find themselves enduring six months in jail, a fine of up to $1,000, and probation up to six months. However, if you commit the crime against a public worker trying to carry out their duties, you could face a year in jail, a fine of up to $2,000, and probation for one year. You may also be sentenced to pay restitution, or reimbursement to the victim for any expenses resulting from the crime such as medical expenses.
If you have been charged with the crime of assault in any of its forms, you may need an attorney on your side. Call us today for more information on how we can help you with your case.