Punishment for Assault Assault Sentencing Guidelines California PC 245
PC 245 – California Punishment for Assualt
The sentencing and punishment for assault convictions in California can be severe. If you are found guilty of an assault charge after a trial or agree to a plea bargain admitting guilt to the assault charge, you will be required to attend a sentencing hearing. When you are sentenced, you will be facing the potential of jail time, as well as a substantial fine and other serious consequences. Being sentenced for a crime is frightening and it is normal to be anxious.
At the sentencing hearing you will need the experienced guidance of a California assault attorney. Your California assault lawyer can help you attempt to convince the judge that there are mitigating factors in your case that warrant a probationary sentence.
The preparation your California assault defense attorney makes for your sentencing hearing will depend on the type of assault you committed because there are varying degrees of assault convictions which carry different sentences.
Misdemeanor Assault or “Simple Assault”
California Penal Code 240 classifies assault as a “misdemeanor,” and the punishment for assault consists of a sentence of six months in county jail, a maximum fine of $1,000, or both.
Additionally, you may be required by the court to complete an expensive batterer’s program or perform community service.
Punishment for Assault Against a Peace Officer
Your punishment for assault can be even higher if you are charged with this crime against a person who is a peace officer, firefighter, emergency medical technician, or similar public safety persons. Under California Penal Code 241, knowingly assaulting a person who is a public safety person is punishable by a maximum fine of up to $2,000 in addition to the possibility of a sentence of one year in county jail.
Punishment for Assault with a Deadly Weapon or “Aggravated Assault” – PC 245
Assault with a deadly weapon, commonly known as aggravated assault, under California Penal Code 245, can be either prosecuted as a felony or a misdemeanor. This is a very serious charge and the consequences can lead to a harsh sentence.
If you are convicted of assault with a deadly weapon under California Penal Code 245, you will be facing imprisonment in state prison for two, three, or four years, or in county jail for up to one year, a fine of up to $10,000, or both fine and imprisonment. If the deadly weapon was a firearm, then the minimum punishment for assault is six months in county jail. If the assault with a deadly weapon conviction is a felony involving the use of a car as the weapon, then you will lose your driver’s license for life under Vehicle Code Section 13351.5(a).
The Importance of Legal Counsel
If you are charged with assault, choosing the right Southern California assault defense attorney will be the most important decision you can make. If you are facing punishment for assault accusations there is still much you can do to help your situation. Our defense team has over 30 years of experience defending assault cases and our help can lead to a shorter sentence or a grant of probation.
If you would like to know more or are interested in representation, please call the Law Offices of Wallin & Klarich at 1(877) 4-NO-JAIL (877-466-5245) today for a free phone consultation with one of our Southern California assault defense attorneys. We have offices conveniently located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville.