Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Assault

Although people often use the phrase “assault & battery,” they are separate crimes with distinct elements in California. Under California law, Assault includes shouting, threatening, or other verbal abuse, while the crime of battery involves touching with the use of unlawful force or violence.

San Diego Attorney for Assault

You can be charged with assault just for defending yourself – even if you just shouted, threatened someone for trying to hurt you or otherwise acted in a reasonable way, you may still find yourself in hot water with law enforcement. If you or someone you know has been charged with assault, you need to contact a lawyer immediately.

Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with assault, you need to contact him immediately. Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

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How California Defines Assault

Under state law, “assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code, § 240). A simple assault is an attempt to commit a battery with the present ability to do so. (Pen. Code, § 240). Actually making contact with the person constitutes battery, with special penalties for doing so against a family member or domestic partner.

Under Penal Code 240, the crime of assault is classified as a misdemeanor with the following potential penalties:

  • Up to six (6) months in county jail; and
  • A fine of up to one thousand dollars ($1,000).

Penal Code section 245, subdivision (a)(4) contains the additional element of aggravated force.

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Elements of Assault

The crime of assault requires proof of the following elements:

  • The act, by its nature, would result directly in the application of force to someone else;
  • The act was willfully committed;
  • When the act was committed, the defendant was aware of facts that would lead a reasonable person to believe that the act would directly and probably result in the application of force to that person; and
  • When the act was committed, the defendant had the present ability to apply force to that person.

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Types of Assault Crimes Under California Law

California law recognizes several different forms of assault, depending on the alleged conduct, the means used, and the status of the alleged victim. While all assault charges involve an unlawful attempt to apply force with the present ability to do so, certain circumstances elevate the offense and expose the accused to more serious penalties.

Aggravated assault generally refers to assault charged under California Penal Code § 245 when the conduct goes beyond simple assault. This includes assault by means likely to produce great bodily injury or assault involving heightened force. Unlike simple assault under Penal Code § 240, aggravated assault may be charged as a felony or misdemeanor (“wobbler”), depending on the facts of the case, and carries significantly greater potential penalties. Aggravated assault does not require that an injury actually occur, only that the force used was capable of causing serious bodily harm.

Assault on a police officer is charged when the alleged victim is a peace officer who was lawfully performing their duties at the time of the incident and the defendant knew or reasonably should have known the victim was an officer. These cases are typically charged under California Penal Code § 245(c) and may be prosecuted as felonies, even where no physical injury occurs. Allegations often arise during arrests, investigations, or crowd-control situations, and even minimal conduct may lead to serious charges.

Assault on a school employee applies when the alleged victim is a school teacher, administrator, or other school employee engaged in their official duties. Under California law, assaults involving school employees can result in enhanced penalties, particularly when the conduct occurs on school grounds or during school activities. These cases often involve disputes with students, parents, or third parties and may be charged more aggressively due to the protected status of the alleged victim.

Assault with a deadly weapon is charged under California Penal Code § 245(a)(1) and involves an attempt to commit a violent injury using a weapon or object capable of causing serious injury or death. A “deadly weapon” can include firearms, knives, blunt objects, vehicles, or any item used in a manner likely to produce great bodily injury. Importantly, no injury is required for this charge. The prosecution must only prove an unlawful attempt with the present ability to apply force using a deadly weapon. These offenses are commonly charged as felonies and carry substantial prison exposure if convicted.

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Assault by Means Likely to Produce Great Bodily Injury

Crimes for assault by means likely to produce great bodily injury are charged under Penal Code section 245, subdivision (a)(4).

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Group Assault for the Great Bodily Injury Enhancement

If more than one person assaulted the victim and the jury or fact-finder cannot decide which person caused which injury, the jury is instructed that it may conclude that the defendant personally inflicted great bodily injury on the victim if the prosecution has proved the following:

  • Two or more people, acting at the same time, assaulted the victim and inflicted great bodily injury on (him/her);
  • The defendant personally used physical force on the victim during the group assault; and
  • The amount or type of physical force the defendant used on the victim:
    • Was enough that it alone could have caused the victim to suffer great bodily injury; or
    • Was sufficient in combination with the force used by the others to cause the victim to suffer great bodily injury.

The defendant must have applied substantial force to the victim. If that force could not have caused or contributed to the great bodily injury, then it was not substantial.

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Hire a Lawyer for Assault Charges in San Diego County, CA

If you were charged with an assault, then contact an experienced criminal defense attorney at Michael Cindrich Law.

Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with assault, you need to contact him immediately. Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.

Contact Michael Cindrich right away for a free consultation at (619) 262-2500.