California Penal Code Section 240
Are you facing charges for Assault? Violation of Penal Code 242 is a misdemeanor offense. We at MacGregor & Collins have over 30 years of experience in Orange County disorderly conduct cases. We are an unparalleled OC criminal defense firm who will help you understand the charges brought against you and fight to get you the best judgment possible for your case.
According to California Penal Code 240, anyone who willfully behaves in a way that would result in force, even if the force does not occur, is defined as "Assault."
The term assault can sometimes be used interchangeably with assault and battery, however the definitions and conditions for punishment vary between the two.
In order to prosecute for Orange County Assault, the state has the burden to prove you are guilty of:
- Intentionally behaving in a way that would likely end up using force
- Being aware that your actions would result in using force
- Having the capability to carry out said force
Assault is a misdemeanor punishable by:
If the assault was committed on an Executive Officer, the penalty can be increased jailed time and fines. You can be potentially charged with a felony even if the person did not suffer bodily injury. In addition, the defendant can also be subjected to enrollment in the battery program, an informal probation and/or community service.
The law surrounding assault charges is a little complex, even though it is a misdemeanor offense. That's because there are other laws associated with assault, like sexual assault, or assault with a deadly weapon. Depending on the circumstances under which assault was carried out, you could face greater or lesser fines. That's why it's important to have a skilled lawyer on your side.
If you are facing assault charges for Penal Code 242 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.