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:
- The defendant did an act that by its nature would directly and probably result in the application of force to a person;
- The defendant did that act willfully;
- 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
- 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:
- 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;
- The defendant did that act willfully;
- 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
- 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.
