For 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 the following. Simple assault (Penal Code 240) is a misdemeanor punishable by up to six months in a county jail and/or a fine up to $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 as a misdemeanor, or as a felony that carries between two and four years in prison. An assault likely to cause great bodily injury is a felony with sentences ranging from 16 months to five years in prison, or in some cases up to eight years. Battery resulting in injury can have 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, the use of weapons, and 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 whether the offense is a felony or misdemeanor. Misdemeanor simple assault can result in up to six months in a county jail. Assaulting certain protected victims increases the misdemeanor penalty to up to one year. Assault with a deadly weapon that's not a firearm can be charged as a misdemeanor, carrying up to one year in jail, or a felony, meaning 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 include: the defendant acted in a way that would lead a reasonable person to believe they would directly and probably use force; the defendant acted intentionally; and 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, it is three years, but there are exceptions — for example, the 'discovery rule' can extend the statute of limitations, which can start when the offense is discovered rather than when it was committed. The statute of limitations may also be tolled (suspended) for up to three years if the defendant is out of state, though these exceptions generally do not apply to simple or aggravated assault cases.