Assault Sentencing & Punishment – Penal Code Section 240
A simple assault, charged under California Penal Code Section 240, is a misdemeanor punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
When an assault is committed on a peace officer, firefighter, emergency medical technician, paramedic, etc., the assault is punishable by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
However, assault with deadly weapon charges under California Penal Code Section 245 are very serious criminal allegations. This charge can be filed as a felony or misdemeanor. If you are found guilty of a felony violation of California Penal Code Section 245 you can be sent to prison and this can act as a "strike" or serious felony.
Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with Wallin and Klarich, an experienced arson defense law firm, to determine the consequences of a strike conviction.
