Los Angeles Assault Defense & Battery Attorney

California Penal Code Section 240 defines the crime of assault and describes what the prosecution needs to prove for a conviction. Under California law, assault is an “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Broken down further, the prosecution must demonstrate that the defendant:

• Perpetrated an act that would likely result in the application of force to another person by its very nature
• Performed the act willfully and under his own volition, and not by accident
• Was aware of the possibility, to the extent a reasonable person would be aware, that the act would directly and probably result in the application of force to another person
• Had the present ability to apply force

To be convicted of assault, the defendant does not actually have to make contact with the victim. The “attempt” to apply force is all that is required.

Secondly, the attempt does not have to be violent. It just has to be an attempt to apply force. In fact, there can even be a degree of separation between the offender and the victim. For example, if the offender throws a rock at someone standing 100 feet away but misses the target, the offender could still be charged with assault.

Perhaps the slipperiest element of assault is intent. The defendant does not have to intentionally assault the victim. Rather they must only be aware that their acts could result in the application of force to another human being. For example, two men are fighting at a party. If one of the men swings to hit the other but accidentally punches a woman standing nearby instead, he could be charged with assault even though he had no intention of hitting the woman.