If you face an arrest for assault in Los Angeles, the prosecutor could charge you with simple or aggravated assault, depending on the details of your case. When you touch or attempt to touch someone inappropriately and offensively, it is considered simple assault. Simple assault is a less severe offense than aggravated assault. Other aggravating circumstances could make the offense more severe, like using a lethal weapon or assaulting a protected person like a child or police officer.

Aggravated assault is a wobbler offense. Depending on your criminal history and the case facts, the prosecutor could charge it as either a felony or a misdemeanor. If found guilty, it could result in a four-year prison sentence. You could comprehend your legal predicament better if you understand what constitutes aggravated assault. Speak with an experienced criminal defense attorney for advice and help through the judicial system.

Understanding California Simple Assault Laws

Simple assault is a willful attempt to harm another person with the current physical means to harm them. It is a criminal violation punishable by up to a $1,000 court fine and six months in jail.

Example: To gain the upper hand in a dispute between two neighbors, one neighbor throws rocks at the other.

California's Penal Code 240 prohibits simple assault. For the court to find you guilty of this crime, the prosecution must prove each of the factors listed by law:

  • That you took actions that could have led to the direct use of force against another person
  • You did the act mentioned above knowingly.
  • You were conscious of the possibility that your actions would involve using force against the other person when you committed the act.
  • You had the present ability to use force against the person when you acted as you did.

The use of physical force against another person is the essence of assault. You could also assault someone by touching them inappropriately or violently. If it is disrespectful or impolite, even the slightest touch will satisfy the requirements of this crime. Even if no physical harm were caused by your use of force or abusive touch, you would still face assault charges. You can assault someone by inadvertently touching them with an object rather than directly touching them. For example, hurling a cup, a stone, or other potentially harmful objects at someone.

Remember that even if you are unsuccessful in touching or using force on the other person, you will still face simple assault charges. All the prosecution needs to prove your guilt is that your actions likely could have led to the use of force against the other person. For example, you can face charges for assault if you throw a stone, cup, or bottle at someone else but miss their head or face.

Additionally, committing assault is an intentional act, which indicates you did it on purpose or with deliberate intent. You do it knowing full well that it could harm another person; it is not an accident. However, just because you do something does not mean you are doing it, intending to break the law, harm someone else, or gain the upper hand.

For example, if you shove someone down the stairs in a fit of rage, you probably anticipate that they will be hurt. Even if the victim does not suffer significant injuries, your acts nonetheless meet the criteria for an assault.

Legal Definition of Aggravated Assault

California law does not have a specific penal code for aggravated assault. It only relates to particular situations in which a minor assault escalates. A more severe type of assault is an aggravated assault. The numerous situations listed below could cause a simple assault to escalate:

When it Involves the Use of a Deadly Weapon

California PC 245(a)(1) prohibits assault with a deadly weapon. If you use a dangerous weapon to attack or attempt to attack someone else, you could face charges under this legislation. Depending on your previous criminal history and the circumstances of your case, the offense could be classified as a felony or a misdemeanor. A felony conviction carries a maximum four-year prison sentence.

Because it is a more serious offense than simple assault, assault with a dangerous weapon is punishable severely. Here are some instances or behaviors that could lead to accusations of aggravated assault with a dangerous weapon:

  • Attempting to attack an opponent with a shattered piece of glass in a fight
  • Angry act of swinging a hammer or dagger at another person
  • Attacking someone by ordering your dog or pit bull to do so
  • Grabbing a rifle and shooting at someone to frighten them away

To be found guilty of assault with a dangerous weapon, the prosecution must prove each of the following elements of the crime beyond a reasonable doubt:

  • You took actions that could have led to using physical force against a person.
  • You committed this offense with a lethal weapon or sufficient force to seriously injure the victim.
  • You acted the way you did on purpose.
  • You knew that a reasonable person would have assumed that you would use physical force against the victim when you committed the act.
  • You had the potential to use fatal force against the victim or sufficient force to cause severe bodily harm.

Remember that for your allegations to stand, the victim in this offense need not have suffered any bodily harm.

As defined by this law, a deadly weapon is any item that, if used against a person, could result in severe physical harm or death. It covers lethal items, like knives and guns, and other everyday items that could have the same result, for example, stabbing someone with a sharp stick, fork, pen, or pencil.

Your activities ought to cause serious physical harm or death. A significant or substantial physical injury is a great bodily injury. It ought to be more severe than a minor wound. A few examples are gunshot wounds, shattered bones, lacerations, dog attacks, deep cuts, and black eyes.

When it Involves the Use of a Firearm

A more severe assault occurs when you use a firearm against a victim. As a result, it constitutes an aggravated assault. Penal Code 245(a)(2) prohibits assault with a gun. According to this statute, a firearm is any of the following lethal weapons:

  • A rifle
  • A shotgun
  • A pistol
  • Machine gun
  • Assault weapon
  • Semiautomatic firearm
  • .50 BMG rifle

You could face charges for assault under this legislation if you carry out one or more of the following actions:

  • Aiming a weapon at a different individual
  • Striking or whipping someone with a pistol
  • Firing a gun at someone
  • Shooting someone

A person who unlawfully attempts to brutally hurt another person while armed with a weapon that has the potential to do so is committing an assault. Even if the putative victim did not experience bodily harm, you could still be found guilty under this statute. Examples of scenarios where charges for aggravated assault with a firearm could be brought are as follows:

  • After a heated fight, a man grabs a gun and points it at his wife.
  • A woman pulls a revolver from her purse after arguing with a local in a bar and waves it at the individual.
  • In a school where his son allegedly assaulted a teacher, a guy brandishes a gun and points it at the administrator.

The type of firearm you use in the assault will largely determine the penalties for a conviction under this legislation. The crime is a wobbler if the gun were common or generic. The prosecution could prosecute the offense as either a felony or a misdemeanor. A misdemeanor conviction carries a prison sentence of six months to a year and a $1,000 court fee. A felony conviction carries a maximum fine of $10,000 and a sentence of two, three, or four years in jail.

If one of the following firearms is used in the assault, it is considered a felony.

  • Machine guns
  • Semi-automatic firearms
  • Assault weapons
  • .50 BMG rifles.

If you use any of those weapons, you would likely receive between three to twelve years in prison upon conviction.

When It is Likely to Result in Great Bodily Injury

The law forbids assaulting a person in a way that is likely to cause significant bodily harm (California PC 245(a)(4)). A considerable or significant injury, like a fracture or broken bone, is a significant bodily injury.

For example, attempting to stab someone is likely to cause severe physical harm (at least one or more serious cuts). Therefore, even if the other person was not stabbed, the offender could still face charges of aggravated assault. What counts is an attempted action that could have caused significant physical harm.

If you face charges under this provision, the prosecutor must first prove that you assaulted someone. Remember that when you use or attempt to use force against another individual, it is considered an assault. This use of force is also legally considered an offensive or damaging touch to a person. The prosecutor will continue to prove that your actions could have resulted in serious injuries to the other person's body. The specifics of your case will determine whether or not your activities could have caused a severe physical injury.

Examples:

  • The elements of this offense are satisfied when a person lets their dog loose, or its owner commands it to attack someone. Because a dog bite from your activities is likely, and a dog bite can cause severe physical harm.
  • A physical injury that could be regarded as a significant bodily injury could arise from punching someone repeatedly or throwing them down a flight of stairs.
  • Pulling the trigger while pointing a gun at someone constitutes an assault, as it is likely to result in a gunshot wound.

When It Involves the Use of a Caustic Chemical

California PC 244 prohibits using caustic chemicals in an assault. Anyone who places or throws a combustible or caustic chemical onto somebody intending to cause serious bodily harm or facial disfigurement is guilty of this crime. To be found guilty by the court, the prosecutor must establish each of the following elements of the crime beyond a reasonable doubt:

  • You acted intentionally and willfully
  • Placed, hurled, or induced someone else to place or throw
  • A substance that is corrosive, explosive, caustic, or vitriol
  • On someone else
  • Intending to harm or deform that person's flesh or body severely

This law defines a caustic material as any substance that can burn or corrode living tissue. Consider the material vitriol, derived from sulphuric acid and other related substances. Additionally, explosive chemicals with a flashpoint of 150 degrees Fahrenheit or less could qualify as caustic substances. The lowest temperature at which a substance can ignite is known as the flashpoint. When a substance's flashpoint is lower, it will ignite more quickly.

You must have acted deliberately and willfully to violate this law. If your activities are deliberate or intentional, you are acting willfully. If you intentionally do wrongdoing with the intent to defraud, harass, disturb, or harm another person, you are acting maliciously.

Using a caustic substance to commit a straight criminal assault is penalized by:

  • Felony probation
  • A sentence of two, three, or four years in prison
  • $10,000 in court fines is possible.

When It Involves Assaulting a School Employee Using a Deadly Weapon

Penal Code 245.5 prohibits using a lethal weapon to assault school personnel. This law makes it illegal to use a firearm, taser, stun gun, or any other dangerous weapon against school staff.

First, the prosecution must establish beyond a reasonable doubt that you assaulted a person working for a school. The fact that you knew, or reasonably should have known, that the victim was a school employee who was on active duty at the time of the conduct would be the court's primary concern. The worker could be on duty or not when you committed this crime.

According to this statute, a school employee is any permanent employee, probationary classified employee, or certified employee of a particular school district. Either full-time or part-time employment is possible. Employees in schools could be both teaching and non-teaching personnel, like administrators and drivers.

Depending on your previous history and the specifics of your case, assaulting school personnel with a lethal weapon could result in felony or misdemeanor charges. A misdemeanor conviction has a possible one-year sentence in jail, whereas a felony conviction carries a maximum five-year prison sentence.

What To Do When You Face Aggravated Assault Charges

In California, assault is a grave offense that is penalized severely. If you are guilty of aggravated assault, you could receive harsher punishment and other repercussions. Most serious assault offenses are felonies that are punished by lengthy prison sentences and significant fines. Consider your defense options if you are currently being investigated for an aggravated assault to prevent a conviction. That would succeed with the aid of an accomplished criminal defense attorney.

Your attorney will employ several defense tactics to persuade the court to drop or reduce your charges.

Fighting The Assault Charge

Remember that an assault accusation underlies all the above mentioned cases of aggravated assault. To establish the aggravating circumstance, the prosecutor must first prove that you assaulted the victim. For example, if you face accusations of assaulting a police officer, the prosecution must first establish that you are guilty of assault before they can demonstrate that the victim of your crime was a police officer. If the victim is not a police officer, the judge could reduce our aggravated charge to a simple assault charge.

Proving that You Acted in Self-Defense

When someone needs to defend themselves or another person from an urgent threat, they can use self-defense. However, you need to demonstrate that you were in immediate danger. Additionally, you must prove in court that you used force against the putative victim only when necessary to prevent them from hurting you or someone else.

You Face False Accusations

You can use this defense to persuade the court to drop your charges if someone else accuses you of a crime you did not commit. False allegations are frequent, and many individuals are held accountable for crimes they did not commit. Because of this, you must enlist the assistance of an experienced criminal attorney. Your attorney will use every effort to keep you from bearing another person's sins.

Find an Experienced Los Angeles Criminal Defense Lawyer Near Me

It helps to understand your accusations and how to defend yourself if you face aggravated assault allegations in Los Angeles. That and all the other legal procedures associated with your case will be explained to you by an accomplished criminal defense lawyer. We also offer legal counsel and support to help our clients at The LA Criminal Defense Law Firm prepare for the challenging journey ahead. We will brainstorm the finest defense tactics to combat your charges and persuade the jury to drop or reduce them. Call us at 310-935-1675, so we can examine the specifics of your case.