Simple assault is the intentional act or threat of action that reasonably causes the victim to fear impending harm. If convicted, you might face a huge fine, a criminal record, incarceration, and other detrimental collateral consequences. That means you cannot overlook the value of legal representation.

The California Criminal Lawyer Group Sacramento team invites you to discuss your case to understand your criminal charges. We can develop the best legal strategy, fight for your rights and stand with you throughout the criminal justice process.

California Simple Assault

PC 240 defines simple assault as an illegal attempt that can inflict injuries on somebody else.

Taking a swing at another person during a heated argument (but missing) is a simple assault, provided the target was within striking distance. While words alone don't constitute assault, threatening to injure a person with a substance is considered assault when accompanied by actions that show the intent to execute the threat.

As far as assault charges are concerned, the alleged victim's identity plays a significant factor in determining the seriousness of the crime and the penalties. For instance, assault against a person belonging to specific professional categories carries more severe consequences than simple assault, provided:

  • You were aware or should reasonably know that the person was a member of the protected class, and
  • The victim was performing their duty as a:
  1. Lifeguard.
  2. Firefighter.
  3. Animal control officer.
  4. School employee.
  5. Doctor.
  6. Public transportation employee.
  7. Probation department employee.
  8. Highway worker.

To be convicted of PC 240, the prosecutor must prove the following elements of the crime:

  • The defendant's conduct would probably cause the direct application of force to the person of another.
  • The accused acted willfully.
  • When the defendant acted, they knew that their conduct would result in a rational individual believing that the behavior would possibly or directly lead to the use of force to the individual, and
  • When the defendant acted, they could use force against that person.

Application of force

Application of force means offensive or harmful touching. Even the least amount of touching counts provided it is executed offensively or rudely.

You do not need to succeed to use force on somebody. All you need is to engage in conduct that would have led to force being used against the alleged victim.

Violation of PC 240 can happen even when the alleged touch could not or did not cause an injury. Moreover, it does have to be direct and could be done indirectly using a substance to touch the alleged victim.

Willfully

When a person behaves willfully or intending to commit the action, then they behave willfully. For the defendant to have acted deliberately, they don't need to have purposely to break any law, cause another physical harm, or gain an advantage. The prosecution should prove that you planned to engage in the act that would likely lead to another person's offensive or harmful touching.

For instance, if you empty a vessel of ice on your classmate as a prank, you could be accused of simple assault.

Present Ability of Use Force

If you engage in conduct whose nature cannot cause offensive or harmful touching of another person, you can't be convicted of simple assault. For instance, if you waive a loaded firearm at a person planning to threaten them while you are 150 miles away behind a TV screen, you can't inflict harm or force on the individual. However, you could be charged with another offense.

Penalties and Consequences of California Simple Assault

Violation of simple assault is a misdemeanor. The crime is punishable by the following penalties:

  • Six months in jail.
  • One thousand dollars in fines.
  • Summary probation that comes with terms and conditions such as:
  1. Participating in a group or individual therapy.
  2. Completing a treatment program like anger management.
  3. Engaging in community service.
  4. Seeking and maintaining employment.
  5. Abstaining from substance abuse.
  6. Not violating any other law.
  7. Refrain from contacting the alleged victim.

As previously mentioned, assault against a person belonging to a specific professional category carries more severe penalties and consequences. If you knew the victim was a protected individual, the judge would enhance your penalties to a year in jail and up to $2,000 in fine.

PC 240 Charge Legal Defenses

The available legal defenses in simple assault cases vary primarily depending on the case circumstances. That is why it is essential to consult with a skilled assault and battery defense lawyer. The legal expert will listen to your side of the story and analyze the case facts before developing the best legal defenses.

Common legal defenses used to defend California assault charges include the following:

Consent

There are numerous circumstances where you and the alleged victim are involved in consensual conduct that other people can interpret as acts or threats of violence. For example, theater conduct that happens in public can be mistaken for a fight. Another example is when persons participate in contact sports like football or wrestling.

Mistaken Identity

You might be prosecuted with simple assault when the prosecution team has the wrong individual. This is true when an unreliable witness identifies you. You can establish this is a case of mistaken identity by presenting an alibi of your whereabouts when the perpetrator committed the crime.

Defense of Property

PC 240 lets you protect your assets, including real estate and personal property such as cars, money, jewelry, and electronics. The legal defense is valid if you can demonstrate that:

  • You believe that your property was at an immediate threat of harm, and
  • You only applied reasonable force to protect the property.

You Acted in Self-Defense

You can also claim that you acted in self-defense. However, this legal defense applies if all the statements below are correct:

  • You reasonably believed you were in danger.
  • You thought that you would be illegally touched or injured.
  • You reasonably thought that application of immediate force was essential to avoid potential injuries.
  • You only applied a reasonable amount of force to defend against the imminent danger.

On top of defending yourself, the law allows you to act in defense of others. The other individual could be a relative, friend, or stranger. The circumstances you need to establish are identical to what you would prove in self-defense.

Provocation and Voluntary Intoxication Aren't Legal Defenses

Most PC 240 charges stem from people retaliating against another's taunts or having a lot to drink. However, claiming that you were under the influence of drugs or alcohol isn't a defense. Voluntarily taking drugs or drinking alcohol means you were accountable for your conduct while impaired or intoxicated.

Moreover, it is not a defense to claim that you were physically responding to a provocation, catcalls, jeers, or insults.

How Simple Assault Charges are Related to a Civil Lawsuit

A simple assault victim has the right to take legal action against their perpetrator for damages (both punitive and compensatory). Common damages recovered include:

  • Medical expenses.
  • Lost wages.
  • Pain and suffering.
  • Emotional distress.
  • Lost earning capacity.
  • Loss of enjoyment of life.

A conviction isn't required for the victim to bring a civil lawsuit against you. The victim can sue you even when you were not found not guilty at your trial or the prosecutor never brought charges.

For example, O.J. Simpson was found not guilty of murdering his wife and her friend. However, despite the case dismissal, the victims' families took legal action and recovered damages in the civil lawsuit.

A civil lawsuit is different from a criminal trial. The accused person doesn't need to be found guilty beyond any reasonable doubt. Instead, the jurors should determine with a high level of probability that you acted in a particularly blameworthy manner. It is called the preponderance of the evidence.

Per the preponderance of the evidence, the plaintiff will recover damages even if the jury is fifty-one percent convinced that you violated the law.

Legal defenses to a civil charge of simple assault are similar to those of a criminal assault charge.

How Battery Differs from Simple Assault

While battery and assault are related, they are separate crimes. That means these crimes might lead to different penalties and charges.

Assault is a less severe crime than battery. You do not require to injure another physically to be sentenced for assault. Assault is an attempted battery, and the law criminalizes the threat of harm instead of requiring that actual harm happen.

On the contrary, battery requires the defendant to cause harm to the alleged victim. It is a completed assault and happens when there is actual offense or harmful contact with somebody else.

How to Persuade the Prosecution to Drop Your Simple Assault Charges

There are numerous methods of persuading the prosecution to drop your criminal charges, including:

  • Presenting exculpatory evidence.
  • Completing a pretrial diversion program.
  • Testifying against somebody else.
  • Accepting a plea offer.
  • Proving that the police violated your constitutional rights.

Please note that the prosecutor can still refile your charge if they find other evidence supporting your charge.

Exculpatory Evidence

Exculpatory evidence is the main reason the prosecution might choose to drop the criminal charges. It could prevent them from establishing the case beyond any reasonable doubt.

Exculpatory evidence is an indication that you aren't guilty of simple assault, or the prosecutor might not verify your guilt beyond any reasonable doubt. Typical instances of exculpatory evidence consist of:

  • Evidence that you weren't at the crime scene when the alleged assault occurred.
  • Another person other than you have confessed to the offense.
  • Footage of the crime that shows somebody else committed the offense.

The prosecution team must drop the criminal charges when the evidence is strong since the defendant is innocent. However, some prosecutors will only drop the criminal charges if this proof is overwhelming. It is prevalent if there are no other suspects.

Testifying Against Another Defendant

This option works best in limited case circumstances. It would help if you were charged with a minor crime and have adequate information or evidence against another. Also, the other criminal case should be significantly more essential than yours.

While this is a possibility, generally, the police don't want to drop the charges completely. Instead, they'll offer you a better plea offer or less severe penalties.

Cooperating with police and testifying against another person in return for dropped charges is hazardous. Seeking legal counsel from a defense lawyer is paramount.

Violation of Your Rights by the Police

Generally, police violation of rights results in dropped charges. Any evidence collected during the breach is subject to the exclusionary rule.

Your defense attorney should work to keep the evidence from being used against you in the trial. It leaves the prosecution with inadequate proof to secure your conviction, making dropping the charges the only option.

Some of the common violated rights include the following:

  • Right against unreasonable search and seizure (4th Amendment).
  • Right against self-incrimination (5th Amendment).
  • Right to legal representation (6th Amendment).

Accepting a Plea Bargain Offer

A plea deal is a legal agreement between the prosecution and the defendant. The accused agrees to plead guilty to the criminal charges stated in the plea deal. In exchange, the prosecution agrees to make the charge less severe than the original one.

Specific forms of plea bargains involve the prosecution team dropping specific forms of charges. If you face several counts of the crime or different charges, you can agree to a count plea bargain. Count bargaining is a type of guilty plea. In this case, you will plead guilty to at least one charge, and in return, the prosecutor will drop the other charges.

Then the judge will approve the plea bargain for it to be effective and binding. Before then, they will ensure that you understand your plea bargain's nature and that you agreed to it voluntarily.

Whether to accept a plea offer or not is a significant decision to make. The most effective method to know if it's in your best interests is to discuss it with your competent defense attorney.

Joining a Pretrial Diversion Program

Another way to get the prosecutor to drop your criminal charges is by joining a pretrial diversion program. A pretrial diversion program is an alternative to the conventional criminal justice system. While each program is diverse, they usually involve the steps below:

  • You are arrested and prosecuted with an offense.
  • If you and the alleged crime qualify for diversion, you can elect to engage in the program.
  • You plead guilty.
  • The judge suspends your sentence.
  • You join a diversion program.
  • Once you complete your program, the prosecution drops the criminal charges.
  • The court dismisses your case.

Every diversion program has conditions that the defendant must comply with. These rules are designed to the underlying criminal conduct. Common terms include:

  • Not violating another law.
  • Attending a victim impact panel.
  • Paying the victim restitution.
  • Attending counseling sessions.
  • Enrolling in a drug or alcohol treatment program.
  • Regular checking-in with the probation officer.

After completing your diversion program, you can pursue a California expungement. An expungement removes your assault case from your criminal record and relieves you of the negative consequences of your conviction.

If you fail to complete your diversion program, your case will proceed to the sentencing phase because you have already pleaded guilty.

Not everyone qualifies for diversion. Most programs accept defendants charged with California misdemeanors and without a criminal history.

Should You Self-Represent?

If charged with simple assault, you might feel inclined to self-represent. Nevertheless, the California court system recommends against the practice since the judicial process can be puzzling. So, should you hire a lawyer or represent yourself?

To understand what you should and should not expect when self-representing, here is a practical guideline.

Common things you may anticipate from the court include:

  • The judge can advise you on how the court functions.
  • The court will tell you the requirements to have the criminal case considered.
  • Usually, the judge answer questions considering court deadlines.
  • The judge could give you some details from the case file.

Additionally, here are the things you cannot expect from the court:

  • You cannot speak with the judge outside of court.
  • The judge can't offer you legal counsel; only your attorney can do that.
  • The court can't change an order issued by the judge.
  • The judge cannot give you an opinion about the possible case outcome.

When facing assault charges, having a legal advocate might help navigate the justice process.

 How a Criminal Defense Lawyer Can Assist You

Simple assault is a violent crime, and prosecutors don't let defendants off easily. The sooner you can retain legal assistance, the higher the likelihood of overcoming the criminal charge feasibly.

First, your lawyer will analyze your case circumstances and facts to determine if there are loopholes in the prosecutor's case and whether your rights have been violated. For instance, if there is no evidence for the judge to convict you beyond any reasonable doubt, your case could be dismissed.

If your charges cannot be dismissed, your lawyer can obtain an outcome to the criminal charges that avoid hefty fines and incarceration. Please note that a criminal record plays a significant role in your California assault charge's results. Consequently, there isn't any assurance that the prosecution team will be willing to lower your charges. However, your proficient criminal defense lawyer will use negotiating skills and different resources to get the best possible case outcome.

What and When to Tell Your Employer About Your Arrest

If you have been arrested for violating simple assault charges, you might be terrified to tell your boss and wonder whether you have to. Any seasoned defense lawyer will tell you that many defendants worry about the impact of their arrest on their employment.

Your arrest is your personal business. Nevertheless, there are circumstances where you should tell your boss. It is also not uncommon for companies to ask about criminal records or conduct background checks. While an arrest does not always mean you will be convicted, it might still have repercussions. The way your employer reacts depends on the crime, the case against you, and the nature of your job.

Once hired, most people sign a contract or receive a handbook with their responsibilities. Some handbooks require that the worker should inform the company of any arrest. If this applies to you, you should report your arrest. Typically, most organizations wait until the case disposition to determine the course of action. Upon case dismissal or finding of not guilty, your employer might choose to forget your situation.

If you should inform your employer and fail to act so, you might face severe consequences, like termination.

If you aren't sure whether you should report the arrest, you can find this information in:

  • Employee handbook.
  • Company website.
  • Human resource department.
  • Your job contracts.
  • Company code of conduct.

Professionals licensed by California, like dentists, realtors, doctors, nurses, and pharmacists, should report their criminal records when renewing their professional licenses.

If you have a typical job (don't possess a professional license), you might not be obligated to inform your employer. It is up to you to decide. Sometimes it is wise to tell them if they are likely to learn about it. Mugshots are posted online, and you do not know who checks these websites.

If you decide to report the arrest, remind your boss of your contribution and commitment to the firm. Remember to assure them that this won't affect your performance. Request them to reserve their judgment until the criminal case is closed. Also, tell them that you have a skilled defense attorney and expect the most favorable case outcome.

Contact a Dedicated Criminal Defense Lawyer Near Me

Simple assault allegations in Sacramento can adversely affect different areas of your life. It can be damaged relationships, a criminal record that follows you for many years, serving time behind bars, and a ruined reputation. This is when you require direction, answers, and a trustworthy person to defend you aggressively.

At California Criminal Lawyer Group, we believe that there isn't a minor crime. We can listen to you with patience and respect to understand the situation, concerns, and legal goals. Working together with you, we can develop a strategy tailored to acquire the most favorable case outcome. Contact us today at 916-775-7660 to schedule your initial free and confidential consultation. The earlier you consult with us, the earlier the possibility of moving on with your life.