San Diego Assault Defense Attorney

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Assault is a criminal offense punishable by incarceration fines, probation, and more. This crime is easily confused with battery, but assault and battery are actually separate offenses. According to CA Penal Code § 240, an individual commits assault when he /she unlawfully attempts (with the present ability) to violently injure another person.

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In other words, the defendant must be capable of harming the victim. On the other hand, "battery" is the unlawful use of violence or force on another person. Assault is often charged in conjunction with battery, but they can be charged separately as well.

What are the penalties for assault in California?

Penalties for misdemeanor assault are:

  • Probation, up to three years
  • Six months in jail
  • Fines, up to $1,000
  • Community service


In order to face allegations of assault, you do not actually have to injure another person. California assault law does not require an injury – you can be charged with assault for threatening to injure someone. The penalties for assault can vary depending on the circumstances of your case and your prior criminal record.

California Assault Law & Protected Persons

Assault can lead to heavier fines and sentencing if the alleged victim is a protected person. According to the law, this includes firefighters, law enforcement officers, animal control officers, emergency medical technicians, physicians, nurses, lifeguards, and search and rescue officers. If convicted of assault involving a protected person, you could face doubled penalties .

Assault on School Property or in a Public Park

If convicted of assault on park or school property, you could face doubled fines and incarceration, even if the victim is not a protected person. You could face even more serous penalties for assaulting a minor on school property. In the event of a conviction, the court can implement a $2,000 fine and up to one year in jail.

We Fight Assault Charges in San Diego, California

If you were arrested for assault, we urge you to contact a <!--td {border: 1px solid #ccc;}br {mso-data-placement:same-cell;}--> san diego criminal lawyer at San Diego Defense Pros today. Our firm offers aggressive and effective defense for crimes, including assault and battery. With more than 50 years of aggregate legal experience, our team of San Diego criminal defense attorneys is confident in its ability to fight for the favorable case outcome that you need. Contact us today for additional information or to schedule an evaluation of your case.

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