Assault Sentencing & Punishment – Penal Code Section 240

Assault Punishment

Punishment for assault in California is severe. A felony assault conviction could count as a strike against you in accordance with California’s three strike law. If your Southern California assault lawyer is unable to get your case dismissed, they may at least be able to get the charges reduced to a lesser charge. Below are the varying degrees of assault and the punishments that go with them.

Punishment for Simple Assault – California Penal Code Section 240

A simple assault, charged under California Penal Code Section 240, is a misdemeanor. It is punishable by a fine of up to one thousand dollars, or by imprisonment in the county jail for up to six months, or by both the fine and imprisonment.

Assault on a Peace Officer

When a simple assault is committed on a peace officer, firefighter, emergency medical technician, paramedic, etc., the assault is punishable by a fine up to two thousand dollars, or by imprisonment in the county jail for up to one year, or by both the fine and imprisonment.

Assault with a Deadly Weapon – California Penal Code Section 245

Assault with deadly weapon charges under California Penal Code Section 245 are very serious criminal allegations. This charge is what is known as a wobbler in California, meaning it 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”.

Strike convictions have a tremendous and potentially devastating effect because any future misconduct will be punished more severely. If you have a prior strike, be aware that if at any time in your life you are convicted of a new felony, your potential sentence may be doubled by the court.

Remember that assault and battery are two different crimes. Both are very serious, but in order to fully understand the nature of the charges filed against you, it is important to speak to an experienced Southern California assault attorney like the ones at Wallin and Klarich. With over thirty years of criminal defense experience, we know all of the best strategies to fight an assault charge. Call 1-888-749-0034 to get a free consultation.