In California, Penal Code 240 defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury to another person. To constitute an assault, it is not necessary to inflict any actual injury on another person. Rather, the law requires a showing that the person willfully committed an act that could have resulted in an injury to another, that the person was aware of a potential danger of his or her act, and that at the time the act was committed, that person had the present ability to apply physical force to another person.
Usually, assault is a misdemeanor punishable by imprisonment is a county jail that should not exceed six months. However, if the prosecution can show that an individual acted with the present ability to apply force likely to produce great bodily injury, the charge could result in aggravated assault that is punishable by imprisonment in a state prison. It may also qualify as a “strike” conviction for the purposes of sentencing. Since an assault is a general intent crime, no specific intent to injure another person is required, and voluntary intoxication is not a defense to this crime.
If you have been accused of criminally assaulting other people, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of committing this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/assault-overview. We will be there when you call.
