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 MacGregor & Collins, LLP, 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 (888) 250-2865 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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