Assault Prosecution – Penal Code Section 240

Assault – Penal Code Section 240

Assault is a serious crime and as such, prosecutors aggressively pursue convictions in these cases. That is why it is important to have an equally aggressive assault lawyer on your side. For the prosecutor to convict you of misdemeanor assault in California, they 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.
4. When the defendant acted, he had the present ability to apply force to a person.

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

Aggravated Assault in California is more serious and requires prosecutors to prove the following in order to win a conviction.
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.
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.