February 19

Penal Code 240 – “Assault” – 3 Facts

Violent Crimes

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“Assault” Penal Code 240

What is the Law on It?

The “Assault” Penal Code 240  states that assault is defined by an individual unlawfully attempting and having the ability at the present time to commit violent injury towards another person. The terms “assault” and “battery” often are used as though they are the same, but they are two completely separate offenses, and they each have their own punishments.

 What is the difference between Assault Penal Code 240 and Battery?

                                            The difference between the two can best be summarized by the fact that assault is an action that leads up to a battery, and does not require any contact with the other person. All that is required is that an attempt is made to injure someone else. For instance, if someone were to point a gun at another person when you are arguing with him or her would constitute assault.

Penal Code 240 - Assault

 What does the prosecution have to prove?

 Regardless of these differences, and the fact that no actual physical harm is done in assault, there are some very serious consequences that are involved. In order to be convicted of “Assault” Penal Code 240 PC, the prosecution must prove the following:  First, that the act was a “direct and probable result in the application of force to another”; Second, that the act was a willful one on your part; thirdly, that you were aware that any reasonable individual would be led to recognize that your act would “directly and probably result in the application of force to another”; and lastly, that you had the ability at the time to apply unlawful force. What do I do if I have been charged with an assault? If you have been charged with assault Penal Code 240 in California, it is important that you contact a lawyer who will assist you when it comes to making sure that you have a fair trial. There are numerous law firms and attorneys in the area, so you really have to do your research in order to find one that will represent you with the utmost care and professionalism. Attorney Hieu Vu is ready and willing to handle assault cases, so give him a call today.

About the author 

Hieu Vu

“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu

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