Costa Mesa Assault cases are handled under California Penal Code 240, as the giant umbrella. However, there are different branches of this crime, which will be explained below:
California Penal Code 240 or Assault is defined as intentionally behaving in a manner that would result in injury of the victim. However no physical injury needs to be present in order to prosecute this crime. The legal consequences for Costa Mesa Assault are up to six months in jail and up to one thousand in fines.
California Penal Code 242 or Battery is defined as intentionally inflicting physical injury upon another. The legal consequences of this crime are up to six months in jail and up to two thousand dollars in fines.
California Penal Code 243 D or Aggravated Battery is defined as purposely inflicting serious or gross bodily physical injury upon another. The legal consequences of this crime are up to one year in jail and up to one thousand dollars in fines.
California Penal Code 245 A1 or Assault with a Deadly Weapon is defined as just that – no physical injury would need to be inflicted, but the prosecution would need to prove that there was a strong probability that victims would suffer serious bodily injury as a result of the offender’s actions and use of a deadly weapon or firearm. The legal consequences of this crime are up to one year in jail and up to ten thousand dollars in fines.
The following could be considered an instance of assault in Costa Mesa:
Mia is at a party with her friends in Costa Mesa. Mia’s boyfriend, Jose, was supposed to come to the party with her, but he was sick so he stayed home. About an hour after Mia arrived, she saw two people kissing on the couch, one of which looked a lot like her boyfriend. She waited for a little while and then saw that it was definitely him. Mia picked up a lamp and threw it directly at Jose who was able to avoid being hit at the very last second. The police are called and, even though Jose did not suffer any injuries, Mia is arrested for assault.
Most assault offenders regardless of the category, are usually subject to participation in community service, enrollment in a batterer’s program, and an informal probation.
If you’re facing criminal charges, we invite you to speak with one of our Costa Mesa criminal attorneys for a free case evaluation. We will work tirelessly on your behalf to secure a positive case outcome for your alleged Costa Mesa offense.