What is the Difference Between First and Second-Degree Assault in California?

If you are facing criminal charges in California, it is important that you fully understand the situation you are in. Continue reading to learn about the difference between first and second-degree assault, and work with a Tehama County violent crimes lawyer for representation in your case.

What is Assault?

Assault is the illegal, intentional act of causing a person reasonable fear of harm. The offense does not require any actual physical contact. You can be charged with assault simply for threatening violence if you have the ability to follow through. There are several important elements of assault, including the offender’s intent to create a fear of harm, the victim’s reasonable fear of harm or contact, and the imminence of the threat.

What is the Difference Between First and Second-Degree Degree Assault in CA?

California does not categorize assault charges into numbered degrees like many other states do, but instead organizes them by simple assault and aggravated assault. Simple assault is defined under California Penal Code Section 240, which states that assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

To be found guilty of simple assault in CA, the prosecution must be able to prove that you did the following.

• Performed an action that would directly and likely result in the application of force to another person
• Performed this action willfully
• Had information that would make a reasonable person aware that the actions would directly and likely result in the application of force to another person
• Had the present ability to apply such force
• Had no legal excuse, such as self-defense

Simple assault is a misdemeanor offense in California.

Aggravated assault, on the other hand, is a much more serious form of assault that involves aggravating factors. This type of assault is defined in CA Penal Code Section 245. Under this law, aggravated assault can be any form of assault that involves the following.

• Use of a deadly weapon
• Use of force likely to produce great bodily injury
• Assault against a peace officer or firefighter engaged in the performance of their duties
• Assault against a particularly vulnerable person

In general, the severity of the harm or potential harm, as well as the victims involved, can enhance a simple assault charge to an aggravated one.

What Are the Penalties for Assault in CA?

A simple assault charge is a misdemeanor offense and can result in 6 months in jail and fines of up to $1,000.

Aggravated assault charges can yield harsher consequences and vary depending on the details of the offense. This offense is a wobbler, meaning that it can be charged as either a misdemeanor or a felony depending on the circumstances. Standard punishments for this offense will vary but can include one year in jail, 2 to 12 years in prison, and fines of up to $10,000.

Reach out to an experienced criminal defense attorney to secure skilled representation in your case.