California Penal Code 240 – Assault 

Overview 

Under California Penal Code 240 PC, assault is defined as an unlawful attempt to violently injure another person. Unlike battery, assault doesn’t require any physical contact—just the attempt and present ability to carry out the act. 

Assault charges can arise from misunderstandings, exaggerated accusations, or heated moments. At Jones Trial Attorneys, we examine the context, challenge the evidence, and fight to keep these charges from affecting your future. 

Legal Definition 

Penal Code § 240 states: 

“An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” 

This includes: 

• Swinging at someone and missing 

• Throwing an object intending to hit 

• Lunging in a threatening manner with the ability to follow through 

It does not require physical contact—that’s charged separately as battery under PC 242. 

Elements of the Crime 

To convict someone of assault under PC 240, the prosecution must prove: 

1. You committed an act that would likely result in the application of force; 

2. You did so willfully; 

3. You had the present ability to apply force; and 

4. The act was done with knowledge that it could result in force being applied. 

Intent to actually cause harm is not required—only intent to commit the act. 

Penalties for Assault 

Assault under PC 240 is a misdemeanor, punishable by: 

• Up to 6 months in county jail 

• A fine of up to $1,000 

• Summary probation 

• Court-ordered anger management or community service 

If the alleged victim is a protected person (police officer, EMT, firefighter, school employee), enhanced charges under PC 241 may apply—with longer jail terms and higher fines. 

Defenses to Assault Charges 

We regularly defend assault cases involving public disputes, domestic arguments, and bar altercations. Common defenses include: 

• Self-defense or defense of others – You were responding to a real threat 

• No present ability – You didn’t actually have the means to apply force 

• No willful act – The action was accidental or misinterpreted 

• False accusation – Especially in family, relationship, or revenge contexts 

• Mutual combat – The alleged “victim” was equally engaged in the conflict 

We push to have charges dismissed or reduced to infractions—or resolve the matter through diversion. 

Immigration and Employment Consequences 

Even a misdemeanor assault can carry lasting consequences: 

• Potential deportation or denial of immigration benefits 

• Employment barriers, especially in government, education, or healthcare 

• Loss of security clearance or professional licenses 

Our defense strategy prioritizes your record, career, and immigration future. 

Related Offenses 

• PC 242 – Battery 

Physical contact that results from an assault 

• PC 245 – Assault with a Deadly Weapon 

More serious version involving weapons or likely GBI 

• PC 415 – Disturbing the Peace 

Often used as a lesser plea for minor confrontations 

How Jones Trial Attorneys Can Help 

We know how easily assault charges can arise—and how quickly they can escalate. Our team moves fast to uncover inconsistencies, gather witness statements, and present your side of the story. 

Whether we’re negotiating a dismissal or fighting in front of a jury, we bring trial-tested strategy to every case. 

💼 Free consultations 

⚖️ Trial-tested representation 

📍 Local San Diego firm with deep courtroom experience 

Talk to a Criminal Defense Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.