Assault Prosecution – Penal Code Section 240

Assault – Penal Code Section 240

In order to convict you of misdemeanor assault in California, the prosecuting agency must prove the following four elements:

1. The defendant did an act that by its nature would directly and probably result in the application of force to a person;
2. The defendant did that act willfully;
3. When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; AND
4. When the defendant acted, he had the present ability to apply force to a person.

Aggravated Assault – Penal Code Section 245(a)(1)

In order to convict you aggravated assault in California, the prosecuting agency must prove the following four elements:

1. The defendant did an act with a deadly weapon that by its nature would directly and probably result in the application of force to a person; or the defendant did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury;
2. The defendant did that act willfully;
3. When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; AND
4. When the defendant acted, he/she had the present ability to apply force likely to produce great bodily injury with a deadly weapon to a person.