Assault

Assault - Penal Code Section 240 - an assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Assault occurs where one person puts another in reasonable fear of bodily injury. It is not required that the person charged with this offense actually have any physical contact with the victim. Notice however, that if there was a lawful purpose for putting another in reasonable fear of bodily injury, or if there was no present ability to carry out the threat, then the elements of assault have not been met.

Assault occurs where one person puts another in reasonable fear of bodily injury. It is not required that the person charged with this offense actually have any physical contact with the victim. Notice however, that if there was a lawful purpose for putting another in reasonable fear of bodily injury, or if there was no present ability to carry out the threat, then the elements of assault have not been met.

An assault can be charged as a MISDEMEANOR or a FELONY. Usually the District Attorney will decide how to charge depending on the type of item or weapon used during the assault within the circumstances of every individual case. Misdemeanor convictions carry a maximum sentence of up to one year in county jail. Felony convictions can carry a state prison sentence.

A more serious type of assault is aggravated assault, which is an assault that is carried out with the intent of inflicting serious bodily harm to the victim. Usually this type of charge will be filed as a felony and can carry a potential prison sentence upon conviction. More serious consequences arise when the victim involves a police officer, firefighter, EMT, or a code enforcement officer.

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