Is Assault a Felony in California?
Direct Answer:
In California, assault is considered a felony if it meets certain specific criteria. Generally, simple assault, also known as misdemeanor assault, is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000. However, if the assault is charged as an aggravated assault or if certain circumstances are met, it can be charged as a felony and punishable by up to 8 years in state prison.
Types of Assault in California:
There are several types of assault in California, including:
• Simple Assault: Simple assault is the most common type of assault and is considered a misdemeanor. It occurs when one person intentionally applies force to another person.
• Aggravated Assault: Aggravated assault is a more severe type of assault and is considered a felony. It occurs when one person intentionally applies force to another person with the intent to commit a felony or to commit great bodily injury.
• Domestic Violence: Domestic violence is a specific type of assault that involves physical harm or the threat of physical harm to a spouse, partner, or family member.
• Sexual Assault: Sexual assault is a specific type of assault that involves unwanted sexual contact or sexual intercourse.
Felony Assault in California:
To be charged with felony assault in California, the prosecutor must prove that the assault was committed with Intent to Commit Great Bodily Injury or with a deadly weapon. Additionally, if the victim suffers serious injuries as a result of the assault, the prosecutor can charge the defendant with a felony.
Penalties for Felony Assault in California:
If convicted of felony assault in California, the penalties can be severe. The defendant can be sentenced to:
• State Prison: 2 to 8 years
• Fine: up to $10,000
• Counseling: mandatory anger management or batterer’s treatment
• Restitution: the defendant may be required to pay restitution to the victim
Sentencing Options:
The court has several sentencing options for felony assault in California, including:
• Prison: the defendant can be sentenced to serve time in state prison.
• County Jail: the defendant can be sentenced to serve time in county jail, but may also be required to serve time in state prison.
• Mandatory Minimum: the defendant can be sentenced to a mandatory minimum of 1 year in county jail.
• Post-Release Community Supervision: the defendant can be sentenced to serve time on probation with post-release community supervision.
Defenses to Assault Charges:
There are several defenses to assault charges in California, including:
• Self-Defense: the defendant can argue that they were acting in self-defense or defense of another.
• Accident: the defendant can argue that the assault was an accident and not intentional.
• Lack of Intent: the defendant can argue that they did not intend to cause great bodily injury or commit a felony.
• Insanity: the defendant can argue that they were insane at the time of the assault and did not know what they were doing.
Conclusion:
In conclusion, assault is a serious crime in California that can be charged as a misdemeanor or a felony. If you are facing assault charges, it is essential to work with an experienced criminal defense attorney who can help you navigate the legal system and build a strong defense.
