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California Penal Code Section 240 There's No Alternative

California Penal Code 240

Are you facing charges for violating PC 240? Violation of Penal Code 242 is a misdemeanor offense that can wreak havoc on your future options. Too often, those charged with this offense are unaware of the severity of their charges and make mistakes that are not in their best interest. By speaking with a skilled Orange County assault attorney, you can avoid common pitfalls that alleged offenders commonly fall victim to.

At the Law Offices of Randy Collins, our attorneys have assisted countless violent crime defendants in Southern California courts. Ronald MacGregor and Randy Collins, firm partners, have decades of experience that you can take advantage of with no obligation to retain their services. Call 844-285-9559 to take advantage of a confidential free consultation.

PC 240 Defined

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, can be convicted of committing assault.

The term is sometimes be used interchangeably with assault and battery, but there are important differences between the two in a court of law. Assault and battery would require an act of force to occur, while the other does not.

In order for prosecutors to secure a conviction for a PC 240 violation, they would need to establish the following:

  • you intentionally behaved in a way that would likely result in an act of violence or force.
  • you were aware that your actions would result in a violent or forceful act.
  • you had the capability to carry out said force

Possible Penalties for CPC 240 Penalties

Those who violate PC 240 face misdemeanor offenses that can be punishable by:

  • A $1,000 fine
  • 6 month imprisonment sentence in the County Jail

Additional Penalties:

If your offense was committed on an Executive Officer, the penalty can be increased substantially. You can be potentially charged with a felony even if the person did not suffer bodily injury. In addition, you can also be subjected to enrollment in a court-mandated battery program, informal probation period, and/or community service.

Laws pertaining to these charges in California are complex. Sometimes, people commit burglary offenses during the course of an assault, in which case you could face many more penalties. There are several different penal codes governing acts of assault, each with its own set of potential penalties. Depending on the circumstances under which your alleged offense was carried out, you could face greater or lesser fines.

If you are facing criminal charges for violating Penal Code 242, speaking with one of our experienced defense attorneys may help to increase your chances of obtaining a favorable case outcome. Contact us today for a free pc 240 case evaluation and our legal professionals will help you understand your charges, penalties, and options moving forward.

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Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".

  • Best Criminal Defense in Irvine - 2022
  • Best DUI Lawyer In Irvine- 2022
  • Best DUI Lawyer in Santa Ana - 2022
  • Best Criminal Defense Lawyer New Port Beach- 2022
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  • Top 100 Trial Lawyers
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  • Over 45 years of Collective Experience
  • Thousands of Cases Successfully Handled
  • Former Deputy District Attorney
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A Winning REcord

Always Pursuing the Best Possible Result
  • Case Dismissed Felony Domestic Violence Battery

    The Defendant was arrested for Felony Domestic Violence Battery against her husband with a $50,000 bail. Several witnesses provided statements to the Orange County Police detectives. Attorney Randy Collins argued that the Defendant experienced a nervous breakdown, leading to involuntary actions. The case was dismissed.

  • Fines Vacated Failure to Pay Court Fines
  • Not Guilty DUI - 0.12% BAC

    The Defendant faced charges of DUI with a blood alcohol content of .12% and hit and run. Following the trial, the Defendant was found Not Guilty of all charges and was subsequently discharged.

  • Case Dismissed Felony DUI
  • Case Dismissed Possession of Firearm by a Felon

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CLient Reviews

At Law Offices of Randy Collins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "They are such a great team to work with."
    I was new in the US and I didn’t know anything or what to do from Day 1 from presenting my case to Randy. He reassured me that he would help me and that I shouldn’t worry. He was very supportive, responsive to every question no matter how silly it was he was very patient and comforting. He knew exactly how to address the problem and had a plan of action and after a long 2 years, he won my case I appreciate every effort Randy & Chris have done. They are such a great team to work with and I would recommend him in a heartbeat
    Dalia
    "I am extremley grateful for their help!"
    Randy, Chris, and his team are amazing. Having talked to other offices, this one was the most responsive, caring, and downright most helpful. They are all super knowledgeable in defense and I am extremely grateful for their help. I 100% recommend and suggest you try a consultation.
    John
    "Randy is one of the best attorney's you could ever have."
    Randy is one of the best attorneys you could ever have. I’m eternally grateful to Randy and his team for his dedication and professionalism. Randy is very brilliant when it comes to felonies, probation violations, or other criminal cases... Randy is the best lawyer you can have. when other lawyers told me they couldn’t help me out... Randy always told me he can help me and there was never an impossible case to bring in his favor. He was always in touch and keeping me updated on my case, and he gave me the peace and comfort I needed during difficult times. This is the second time he has had to help me stay away from jail. I will never look into other lawyers. I’ll be a loyal client to Randy from now on. You are #1, Randy. Thank you
    Adriana
    "We are forever thankful to have found Randy."
    I cannot express how grateful I am to Randy and his team for the amazing job representing my dad. He was detailed, dedicated, and truly caring for my family throughout the entire process. We are forever thankful to have found Randy. It is rare to find a legal team that feels like extended family. We truly felt so cared for by him and Chris. His knowledge and expertise helped guide us through a very difficult situation and we are so happy to have found this team. I would refer Randy to anyone looking for legal representation. Randy is the best lawyer to call!!
    Julia
    "Passionate and always available."
    Randy worked tirelessly for over two years to have my case dismissed and I can’t thank him enough for everything that he did for me.
    Ray
    "He went above and beyond!"
    Mr. Collins is highly recommended. He really takes the time to listen and answer all your questions. He went above and beyond on helping me out with an issue that was never my fault.
    Erik
    "Caring and Genuine Attorney"
    I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.
    Former Client
    "Man of his word - got the issue resolved."
    I hired Randy after my previous attorney failed to give me proper information and caused me to violate my probation. Randy appeared in court for got the issue resolved without any head aches. He was a man of his word and I highly recommend him.
    Reedham