{"id":23261,"date":"2023-08-18T13:34:44","date_gmt":"2023-08-18T13:34:44","guid":{"rendered":"https:\/\/www.monderlaw.com\/\/?p=23261"},"modified":"2023-09-28T12:14:45","modified_gmt":"2023-09-28T12:14:45","slug":"what-simple-2nd-degree-assault-california","status":"publish","type":"post","link":"https:\/\/www.monderlaw.com\/news\/what-simple-2nd-degree-assault-california\/","title":{"rendered":"Crime of Assault Explained"},"content":{"rendered":"

\"assaultThe State of California takes assault charges very seriously, and strict penalties reflect this standpoint. However, \u201cassault\u201d, as a legal term, is so broad in its definition, that it can often sew confusion in everyone but the most qualified assault lawyer in San Diego, CA.<\/span><\/p>\n

In fact, some actions that can be considered more of an insult can, in fact, be classified as an assault under California law. For these reasons, it is important to <\/span>familiarize yourself with the definition of this crime<\/span><\/a>, especially if you or someone you know is facing charges.<\/span><\/p>\n

What is considered assault in California?\u00a0<\/span><\/h2>\n

The crime of Assault is defined in <\/span>California Penal Code 240<\/span><\/a> (Part 1, Title 8, Chapter 9, Section 240) as, quote: \u201can unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.\u00a0<\/span><\/p>\n

In other words, an action can be considered an \u201cassault\u201d<\/a> if a person (perpetrator) threatens violence or tries to harm another person (victim), thereby inducing real fear in them. This is where the confusion usually starts.\u00a0<\/span><\/p>\n

As it stands, assault does NOT, actually, entail physical contact but, rather, the intention to do harm or cause fear. However, if threats are carried out (i.e. perpetrator commits a physical attack and inflicts harm upon a victim), the crime immediately goes over into the domain of \u201cbattery\u201d, which is a much more severe offense.<\/span><\/p>\n

What’s the lowest form of assault?\u00a0<\/span><\/h2>\n

The lowest (and the most common) form of assault in California is the so-called \u201csimple assault\u201d. This type of offense is considered an attempted battery and typically involves acts where the threat of harm is present, but no actual physical contact takes place.\u00a0<\/span><\/p>\n

In other words, if someone tries to harm another person but doesn\u2019t succeed, they will be charged with simple assault. This offense is often considered a misdemeanor and carries penalties that include fines of up to $1000 or a period of incarceration (or probation) of up to 6 months.<\/span><\/p>\n

What is 2nd-degree assault in California?<\/span><\/h2>\n

First, it must be noted that the term \u201c2nd-degree assault\u201d actually comes from the legal systems of several other US states. Although commonly used in California, the official equivalent of this crime here is \u201cAggravated Assault\u201d.<\/span><\/p>\n