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Anybody being arrested or hoping to make bail under the legal banner of assault, the penalties can vary depending on the circumstances. Here’s everything you need to know.

California Assault Penalties

The key penalties for assault crimes in California include:

  • Simple assault (Penal Code 240) is a misdemeanor punishable by up to six months in a county jail and/or a fine up to the value of $1,000.
  • Assault on a protected victim such as a teacher, firefighter, or police officer is a misdemeanor punishable by jail time of up to one year and/or a fine of $2,000.
  • Assault with a deadly weapon that's not a firearm is punishable by up to one year in jail and/or a $1,000 fine, either as a misdemeanor or a felony that carries between two and four years in prison.
  • An assault likely to cause great bodily injury is a felony with sentences that can range from 16 months to five years in prison or, in some cases, up to 8 years.
  • Battery resulting in injury can have the penalties increased based on the severity of the injury. Minor injuries can lead to misdemeanor battery charges with up to six months in jail.

Understanding Assault Charges in California

In any of these cases, the prosecutor has the discretion to charge many assault crimes as either misdemeanors or felonies based on the specific circumstances. Some of the key factors in sentencing include:

  • Intent.
  • Use of weapons.
  • The extent of the injuries to the victim.

What is the Jail Time for Assault in California?

Jail time for assault in California depends on the felony or misdemeanor in question:

  • Misdemeanor simple assault can result in up to six months in a county jail. 
  • Assaulting certain protected victims increases the misdemeanor penalty for up to one year. 
  • Assault with a deadly weapon that's not a firearm can either be charged as a misdemeanor, which carries up to one year in jail, or a felony, which means between two and four years in prison. 
  • Assault likely to cause great bodily injury is a type of aggravated assault and a felony with sentences between 16 months and five years.

Defining Assault in California

What is assault in California? As per the California Penal Code, assault is defined as:

"An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."

The key elements that must be present for an assault charge to occur under this definition include: 

  • The defendant acted in a way that would lead a reasonable person to believe that the defendant would directly and probably use force. 
  • The defendant acted intentionally. 
  • The defendant had the present ability to apply force to the alleged victim.

Time Limits to Press Charges for Assault in California

It is essential to file assault charges as soon as possible. As time passes, details become less clear and evidence can get lost, which can negatively impact the case. The statute of limitations is a law determining the maximum time after an event in which legal proceedings may be initiated and the time limit for pressing assault charges can vary:

  • For simple assault as a misdemeanor, the statute of limitations is one year. 
  • For aggravated assault as a felony, the statute of limitations is three years but there are exceptions to this. For example, the "discovery rule" can extend the statute of limitations, which can start when the offense is discovered, not when it was committed. 
  • The statute of limitations may be tolled (suspended) for up to three years if the defendant is out of state, but these exceptions generally do not apply to simple or aggravated assault cases.