What Are the Penalties for Aggravated Assault in California?

Aggravated assault is a serious crime in every state. Because the crime can cause such irreparable damage, California state laws are strict when it comes to the penalties for an aggravated assault charge. Contact a Tehama County violent crime lawyer for more information and legal representation.

What is the Difference Between Assault and Aggravated Assault?

Simple assault is the attempt to commit an act of violence and hurt someone. Even if the assault does not result in injury or wasn’t carried out it is still considered an assault and tried as such.

As with a simple assault, no bodily contact is required for someone to be charged with aggravated assault. Aggravated assault is more severe and usually refers to assault with a deadly weapon, assault that results in serious injury, or assault on an extraordinarily vulnerable victim.

What Are the Types of Aggravated Assault?

There are several kinds of aggravated assault that you can be charged with. These types include:

• Assault with a deadly weapon
  • This type of assault is broken down into four categories. There is standard assault with a deadly weapon, assault with a firearm, assault with a machine gun, and assault with a semi-automatic firearm.
• Assault likely to cause great bodily injury
  • This means that the assault did or intended to result in serious harm and injury to the person.
• Assault with a deadly weapon upon a peace officer
  • This is related to the assault of a police officer, firefighter, EMT, etc.
• Assault with caustic chemicals
  • This refers to throwing vitriol, acid, or any caustic or flammable substance on someone.

A deadly weapon is considered any tool or instrument capable of causing severe harm and bodily injury, including a gun, knife, baseball bat, ax, or even a car.

Will I Go to Jail?

The penalties you incur for aggravated assault will vary depending on the specific circumstances of your case. Whether or not you have a prior criminal record, the type of weapon you used, the severity of the injury you caused, and who you assaulted or attempted to assault are all factors that will be considered when determining your penalties and sentencing.

Aggravated assault is charged as either a misdemeanor or a felony depending on the details of each situation. Assault with caustic chemicals will always be charged as a felony.

Misdemeanor:

• Up to one year of jail time in a county jail
  • If the assault was made with a firearm there will be a minimum sentence of six months
• Fines up to $10,000
• Probation
• Restitution
• Mandatory community service and/or anger management classes

Felony:

• Generally up to 4 years in a state prison
  • Assault with a machine gun will result in up to 12 years in state prison
  • Assault with a semi-automatic firearm will result in up to 9 years in state prison
  • Assault of a peace officer will result in up to 5 years in state prison
• Fines up to $10,000
• Probation
• Restitution
• Mandatory community service and/or anger management classes

Any of these charges can also result in the loss of the right to own a firearm.