Assault

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Under Penal Code § 240, an “assault” can occur when someone willfully does an act that could cause a violent injury to another person — even if no physical contact occurs.

In other words: swinging a fist, threatening someone, stepping toward them in a threatening way — even if you miss or don’t strike — can be charged as assault, because the key is the attempt and ability to apply force.

Simple assault is often charged when there is no “weapon” or significant injury.

If charged under § 240 as “simple assault”:

• Up to 6 months in county jail, and/or
   
• A fine up to $1,000
   

Sometimes informal or summary probation is given instead of jail.

If the alleged victim was a protected person (on-duty officer, firefighter, etc.), penalties may be higher (up to 1 year in jail and higher fines) depending on circumstances.

Under California Penal Code § 245 and related sections, assault can be far more serious when:

• A deadly weapon or instrument (or even a common object used dangerously) is involved.
   
• Or when the conduct is likely to produce great bodily injury (even if no serious injury actually results).
   

Possible penalties under these heavier charges:

• As a misdemeanor: up to 1 year county jail + possible fine.
   
• As a felony (depending on weapon, injury risk, and facts): 2, 3, or 4 years in state prison (and up to $10,000 fine).
   
• If firearms, machine guns, or special weapons are used — or special aggravating factors apply — sentences can be longer depending on the weapon and circumstances.
   

As a defense attorney in Riverside and San Bernardino County courts, I often handle cases involving:

• Verbal threats, arguments, or fights where no actual contact or injury occurred but the prosecutor pursues assault charges under § 240.
   
• Allegations involving threats or gestures (raised fists, brandished items) but disputed intent or misunderstandings.
   
• Cases labeled as “assault with a weapon” or “assault likely to cause injury,” where a look, motion, or weapon-use (real or alleged) is involved.
   
• Domestic disputes, bar/club incidents, road-rage scenarios, or confrontations that escalate and lead to charges.
   

Sometimes what looks like “a fight” ends up as a serious assault charge — even if no one was visibly injured — which is why having a strong defense early is so important.

• No intent — the act was accidental or not meant to cause harm
   
• No present ability — you didn’t really have the ability to hurt the person
   
• Your action was misperceived — statements or gestures taken out of context
   
• You believed you were acting in self-defense or in defense of someone else
   
• Insufficient evidence — lack of credible witness testimony or video evidence
   

Because “assault” under California law covers attempts, threats, and gestures — not just completed violence — there is often room to challenge prosecutor’s claims when evidence is weak or ambiguous.

If you or a loved one are charged with assault — whether “simple,” “aggravated,” or “with a weapon/force” — contact The Law Office of Lincoln Ho’o.