A criminal charge for simple assault occurs when a person acts in a way that could result in physical force being used against another person. You can face these charges if you attempt to slap or kick someone, even when you do not complete the action. The act must be willful and criminal, and you must have the present ability to use force or violence against the victim, or cause them to experience reasonable fear of physical harm. This is a misdemeanor offense, punishable by time in jail and a court fine. A conviction for simple assault will also leave you with a criminal record that can affect you for years.
If you face simple assault charges in Los Angeles, a skilled attorney can help you fight for a reasonable outcome in your case. We can guide you through all complex legal processes at CCLG: Los Angeles Criminal Attorney. We can also help you defend your rights and use the best legal defense strategies to convince the court to dismiss or reduce your charges.
The Legal Definition of Assault
Assault is an illegal attempt, with the present ability, to use force or violence against a person. You can commit this crime in many ways, including throwing a rock, a plate, a cup, or even a phone at another person in the heat of anger. It causes another person to experience fear of imminent bodily injury. Thus, it is considered a serious offense, mainly a misdemeanor offense. An assault conviction can lead to other life-changing consequences, like a damaging criminal record, in addition to criminal penalties.
California law against simple assault is under PC 240. The crime is called ‘simple’ assault because it does not include aggravating factors, like an injury or the assault of a protected person, like a child, police officer, or senior citizen. PC 240 provides the legal definition of this crime, which comprises of elements of the crime that the prosecutor must prove to obtain a conviction. Like all other criminal cases, the prosecutors bear the burden of proof, meaning they must prove all elements beyond a reasonable doubt. These elements are as follows:
- That you willfully and unlawfully took an action
- The action would likely result in the use of force against another person
- You knew that another person would reasonably believe that your action could result in the use of force against the other person
- You had the present ability to use force against the person at that time
People often confuse assault and battery, but they are legally distinct crimes. Assault refers to an attempt to use force, while battery is the actual use of force against another person. While assault refers to an attempt to use force or cause another person to sustain an injury, battery means the actual use of force on another person. Understanding their meanings and differences is necessary to realize your charges better and properly plan your defense.
The Use of Force
Assault happens when a person applies physical force, pr attempts to do so, on another person. The prosecutor must demonstrate that your action involved applying or using force against another.
Application or use of force involves making offensive or harmful contact with another individual. The touch can be slight or severe, as long as it is done offensively or rudely. The touch does not necessarily have to result in physical harm. You can still face assault charges even if your actions did not result in an injury.
The application of force can also be direct, through your hands, or indirect, through an object or objects. You could have pushed or attempted to push a person, or thrown something at them. All these are ways in which you can commit simple assault.
Example: John is unhappy with how his son, Ben, has been conducting himself in school. One evening after work, he confronts Ben and offers advice before his behavior escalates, leading to an expulsion. However, John is met by defiance; Ben is unwilling to listen. He storms out of his room when his father starts talking about his alleged behavior.
In anger, John grabs his son’s shirt to bring him back to the room for the talk, as he had planned.
Although John does not hurt his son Ben, he can be charged with assault for applying physical force on his son. Note that the application of force is indirect, through Ben’s clothes, and not directly on his skin.
Remember that you do not need to have actually succeeded in applying force on the other person to be charged with assault. An attempt to use force on the person is enough to support charges. Your actions will likely result in the application of force on the person.
Example: Tito is arguing with his neighbor, standing on the other side of his fence. The argument is heated, and at some point, Tito loses his cool and throws a kick at the neighbor. However, the neighbor is too far from the kick to be hit by it. In this case, Tito cannot be charged with assault. Although his actions demonstrate the application of force against the neighbor, there is no way his actions can harm the neighbor.
A Willful Act
The use of force on another person must be willful, meaning intentional rather than accidental. Your actions will not count as an assault if they are accidental. The prosecutor must prove that you willfully applied or attempted to apply force on another person. You do not need to intend to break the law, gain an advantage, or cause serious harm only that the act itself was intentional.
Example: When confronted about his performance by his basketball teammates, James angrily storms out of the room, pushing the captain aside. Although he did not intend to harm the captain, or gain an advantage over him, or even commit a crime, his actions count as an assault. The push is deliberate and criminal, even though it does not cause the captain to sustain an injury.
The Knowledge
The prosecutor must also prove that you were aware or should have reasonably known that your actions could have resulted in the application of force against the person. Prosecutors consider what a reasonable person would think under the circumstances to prove this element. However, having this knowledge does not mean you intend to use physical force against the person. What matters is your knowledge that doing what you did could have resulted in the application of force.
Example: If you angrily throw an object in the opposite direction of the person you are arguing with, this cannot amount to assault. Your actions can intimidate the person, but will not result in the application of force against them.
However, if you throw the object the person’s way, you can be charged with assault even if you do not actually hit them with the object. Chances are high that your actions would have resulted in using force against the person.
Criminal Penalties for a Conviction for Assault
Simple assault, as under PC 240, is a misdemeanor offense. You will likely face the following penalties upon conviction:
- Six months in a county jail facility, or
- Summary probation
- $1,000 in court fines
If you use a deadly weapon, the charge becomes “assault with a deadly weapon” under PC 245(a)(1), which carries harsher penalties. Assault with a dangerous weapon is a wobbler, meaning that the prosecutor can charge it as a felony or misdemeanor, depending on the circumstances of your case. A misdemeanor conviction will likely result in the following penalties:
- One year in a county jail facility, or
- Summary probation
- $1000 in a court fine
On the other hand, a felony conviction for assault with a deadly weapon is punishable by:
- Two, three, or four years in state prison
- Up to $10,000 in a court fine
Assaulting a protected person, like a peace officer, police officer, or emergency personnel, can also result in graver criminal penalties. If you commit simple assault against such a person while the person is engaged in their duty, you could receive a one-year jail sentence and a fine of $2000 upon conviction. Examples of protected officers under this law include the following:
- Peace officers, including law enforcement officers, like the police
- Firefighters
- Lifeguards
- Paramedics or emergency medical technicians
- Traffic officers
- Process servers
- Animal control officers
- Code enforcement officers
- Members of the search and rescue teams
- Doctors, nurses, and other healthcare professionals offering emergency medical treatment
If you face simple assault charges for assaulting any of these protected persons, the prosecutor must prove that you know, or should have reasonably known, that the alleged victim was a protected person. You can quickly learn this if they are in their distinct uniform, or if you commit the crime at their designated workplace. The officer could also have communicated that they were working right before the assault. If the assault happens far from their workplace, and the officer is not on duty, you will not be subjected to additional penalties if found guilty of simple assault.
The Jail Sentence
A jail sentence is one of the options the judge has when sentencing you for simple assault. For simple assault, the maximum jail term is six months. However, if the victim is a protected person, the sentence can increase to one year. Although a jail sentence seems more favorable than a prison sentence, it can profoundly affect you and your loved ones. For example, it could cause psychological trauma due to increased anxiety and depression that result from denied freedom for a prolonged period. Some people experience difficulties reintegrating into their community after six to 12 months of jail. This also increases the risk of re-offending.
Additionally, a jail sentence can affect your professional and social lives. Remember that you will be away from your loved ones for the period you are in jail. This can affect your friendships and strain your relationship with your family. You can also lose your job due to prolonged absenteeism. Running a business can also suffer, especially if no one else is available to manage it effectively. Losing your job and the social support of the people you love can result in more stress, increasing your risk of depression and other stress-related conditions.
Summary or Misdemeanor Probation
This is a judge’s other option during sentencing after a simple assault conviction. Instead of sending you to jail for six to 12 months, the judge can sentence you to misdemeanor probation. Typically, this probation lasts for three to five years. Although it entails serving your sentence outside of jail, you must abide by strict terms and conditions that the judge will set during sentencing. These conditions are set according to the details of your case, and can include the following:
- The judge can order you to refrain from criminal activities and avoid an arrest or criminal charges during probation.
- To engage in community work for a predetermined number of hours
- To seek treatment for an underlying condition that could have triggered your behavior, like anger management, drug or alcohol addiction
- To meet with the judge regularly as you submit your periodic performance reports
If you serve probation well, you will be free to live your life once the period is over. However, if you violate probation, there could be consequences. Probation violation occurs when you fail to abide by one or more of the conditions set by the judge. The court will hold a hearing to discuss the severity and consequences of the violation. The judge can continue probation if the violation was not severe, change the terms and conditions to stricter ones, or cancel probation. If the latter happens, you will be sent to jail to serve a complete sentence, according to your crime.
A Criminal Record
A criminal arrest and conviction automatically result in a criminal record. Criminal records in California are publicly available, meaning anyone can access them. If someone runs a background check on you, like a landlord, potential employer, insurance provider, or loan lender, they will find out about the conviction. This can influence their decision-making, which makes it difficult for people with a criminal record to find suitable employment, houses to rent, or favorable insurance or credit rates.
Your criminal record after a simple assault conviction can remain on your record for years. This is how long it can affect various aspects of your life.
Restraining Orders
The victim of your assault can obtain a restraining order against you. This will prevent you from coming close to them or visiting some of your favorite places. If the victim is an employee in a local retail establishment, the owner may seek a workplace violence restraining order under California law. The order, which can remain in effect for two years, will prohibit you from stepping into the establishment within that period.
Violating a restraining order is a serious crime. You can be rearrested and charged afresh in a criminal court.
Expungement of a Criminal Record
Expungement is a legal process by which the court dismisses your criminal conviction, reducing the negative impact of having a criminal record. Although the record remains accessible to some employers and government agencies, it helps you eliminate some of the adverse effects of having a damaging criminal record. You can qualify for expungement after a conviction for simple assault. However, you must meet the requirements of the courts set for this process before filing your petition in court.
If you were sentenced to probation, you must wait until you complete probation to file an expungement petition with the court. This must be done in the same court that heard and determined your case. The judge will likely grant your petition if you complete all the terms of your probation. Once the court receives your petition, the judge will review it and your case files. Then, they will hold a hearing to determine the matter. The judge has absolute discretion to grant or deny your petition. If they do, you will not have to worry about some of the severe consequences of having a criminal record.
How a Competent Criminal Attorney Can Help in Your Case
Although it is generally a misdemeanor, a conviction for simple assault carries serious consequences that you should consider when planning your defense. It can result in a jail sentence or a hefty court fine, leave you with a criminal record, and adversely affect your career and social life. However, you can change the outcome of your case if you fight your charges in court. You can do even better with the help of a skilled criminal attorney. An attorney will use their skills and knowledge to push for the best possible outcome. Here are some of the defense strategies they can use in your case:
It Was an Accident
An assault is a deliberate or willful act that results in the infliction of force or violence on another person. You are not guilty if you accidentally inflict force or violence on a person. However, claiming that your actions were accidental will not cause the court to dismiss your charges. You must demonstrate so, with evidence for the judge to dismiss your charges.
Your attorney can call in an eyewitness to explain the circumstances of the case, or they can present a video surveillance to show precisely what happened. Your attorney can also cross-examine the alleged victim to determine the events surrounding the assault to shed light on what happened. A competent attorney will know the proper evidence and how best to present your defense to cause the judge to drop your charges.
You Lacked the Present Ability to Inflict Force or Violence
The elements of simple assault also include having the present ability to use force against the person. If you threaten to harm a person, an assault happens if you are capable of doing it, even though you do not actually do it. For example, threatening to slap a person over the phone or someone who is physically far from you is not an assault because you cannot actually do it. However, threatening to injure a person while throwing a rock at them means you have the present ability to hurt them.
Your attorney can explain the circumstances of the assault to the court to demonstrate that you lacked the present ability to use force or inflict violence on the person.
You Were Defending Yourself
You can be accused of assault while, in the actual sense, you are defending yourself from the alleged victim’s force or violence. Self-defense is accepted if you use reasonable force to protect yourself from imminent danger. While using this as a defense strategy, your attorney will explain the threat you believed you were facing. They will also show that using force at that time was necessary to protect yourself.
Finally, they will prove that you did not use more force than you needed to stay safe. The judge will dismiss your charges if the court accepts this defense.
Note: You can use force against someone to protect another person from imminent danger. However, you must prove that doing what you did was necessary to protect a vulnerable person from harm.
Find a Competent Criminal Attorney Near Me
If you face simple assault charges in Los Angeles, take time to understand what your charges entail, the possible penalties, and how you can fight for a reasonable outcome in your case. It is advisable to speak to a skilled criminal attorney immediately after your arrest so they can offer legal assistance and guidance as you navigate through complex legal processes.
At CCLG: Los Angeles Criminal Attorney, we believe that you deserve legal counsel regardless of the circumstances of your case. In addition to assisting you after your arrest, we can discuss your options, defend your rights, and help you develop a defense strategy for your charges. You can convince the court to reduce or dismiss your charges with your assistance. This way, your arrest will not significantly impact your life. Call us at 323-922-3418 to discuss your situation and our services further.
