Under California Penal Code 240 “assault” is considered a misdemeanor. In order to convict you of this offense, the prosecutor must prove the following: 
- That you willfully acted in a way that would likely result in the application of force to another
- That you were aware that your act would likely result in that application of force, and
- That when you willfully acted you had the ability to follow through with the act that would cause that contact.
If you are convicted of assault, you may face the following penalties:
- California misdemeanor probation for up to three years
- Up to six months in the county jail
- A maximum fine of $1,000
- Successful completion of a batterer’s program
- Community service
*Note that an assault or battery on a California police officer (or other “protected person”) will trigger an increased sentence.
You do not have to make contact with another person in order to be found guilty of assault. You need an aggressive criminal defense attorney to fight to have this charge reduced or dismissed. Call The Law Office of William Daley at (619) 238-1905 for a FREE consultation.
