Simple assault is a common crime, but exactly what is simple assault? California law defines simple assault as an unlawful attempt, with the present ability, to inflict a violent injury on another person.
This means that you can be charged with simple assault even if you don’t actually hit or hurt the other person, as long as you were capable of harming them and meant to do so.
Being charged with simple assault can result in severe penalties. However, defenses are available to those accused. Below, we discuss the elements of the crime, provide examples of simple assault, and explain how to defend against a simple assault charge.
If you are facing a simple assault charge, it’s important to contact a criminal defense lawyer online or call 619- 304-2058 as soon as possible.
Key Points:
- Simple assault in California generally involves an attempt or threat to use force against someone, even if no physical contact or injury occurs.
- The difference between simple assault and battery in California often comes down to contact—assault can be alleged without touching, while battery typically involves physical contact.
- Penalties for a simple assault charge in California can include fines, probation, counseling requirements, and possible jail time, depending on the facts and prior history.
- Defending against simple assault charges in California often focuses on intent, credibility of witnesses, self-defense issues, and whether the alleged actions actually created a reasonable fear of immediate harm.
Accused of “simple assault” and not sure what it really means?
It’s normal to feel anxious when a label like this gets attached to you—especially when you didn’t think anyone was hurt. California assault laws can be confusing, and small details can change everything. The Law Offices of Kerry Armstrong can help you understand what you’re facing and what to do next.
Get a Free & Confidential ConsultationWhat Are the Elements of Simple Assault?
For a jury to find someone guilty of simple assault, the prosecutor must prove the following elements:
- Unlawfulness. The act must be against the law. You must not have acted in self-defense or defense of another.
- Application of force. You must have committed an act that would likely result in the direct “application of force” to someone else. “Application of force” means any harmful or offensive touching, even a minor touch.
- Willfulness. You must have acted willfully or on purpose, deliberately or intentionally. It does not matter if you did not intend to hurt someone.
- Awareness. You must have been aware of facts that would lead a reasonable person to believe that the act would directly and probably result in the application of force to another person.
- Present ability. You must have had the present ability to apply force to another person. This means that you must have been close enough to reach them and had the means to injure them.
In simpler terms, for you to be found guilty of simple assault, the prosecutor must prove that:
- You intentionally touched or attempted to touch someone else in a way that was harmful or offensive, and
- You were capable of touching them at the time.
Even a minor touch can be considered assault if it is done in a rude or threatening way. For example, if you push someone or shove them (even fairly softly), that is assault.
You cannot be found guilty of assault if you acted in self-defense or defense of another person. For example, if someone is attacking you or a loved one and you push them away to stop them, that is not assault.
Examples of Simple Assault
Some examples of actions that could be considered simple assault in California include:
- Threatening to hit or punch someone,
- Threatening someone with a weapon,
- Throwing something at someone,
- Raising or swinging a fist or other weapon at someone,
- Spitting on someone, and
- Touching someone without their permission in a way that is meant to be annoying or hurtful.
In each of these examples, the actions are likely to cause fear or harm in another person, and the actor is actually capable of harming them.
What Are the Penalties for Simple Assault?
Simple assault in California is a misdemeanor crime that can be punished by up to six months in jail, a fine of up to $1,000, or both. However, the actual punishment will vary depending on the facts of the case, such as:
- Whether you have been convicted for a crime previously,
- Whether the victim was a police officer or other government worker, and
- Whether the assault took place in a domestic violence situation.
These circumstances increase the penalties for simple assault to up to one year in the county jail, a fine of up to $2,000, or both.
If you face multiple assault charges, you could face additional fines and jail time.
Furthermore, the person you assaulted has the right to sue you in civil court for monetary compensation for medical expenses, lost wages, and other related issues.
How to Beat a Simple Assault Charge
You may be wondering how to beat a simple assault charge. Your first step should be contacting a knowledgeable simple assault lawyer.
An attorney can help you understand your rights and options and develop a strong defense strategy. Some defenses your attorney may use include:
- Self-defense—you acted to protect yourself or someone else from harm;
- Defense of property—you acted to protect your property from damage or theft;
- Lack of ability—you were not physically able to hurt the other person;
- Alibi—you were somewhere else at the time of the assault and could not have committed the crime;
- Lack of intent—you did not mean to act as you did; and
- Duress—you were forced to commit the assault by someone else.
It is important to note that each defense has its own specific requirements. The best defense for your case will depend on the particular facts and circumstances.
What Are Your Rights When Charged with Simple Assault?
If someone accuses you of simple assault, it is essential to remember that you have rights. The law protects these rights, and they cannot be taken away from you.
The Right to Remain Silent
You have the right to not say anything to the police or anyone else about the accusation. You do not have to answer any questions.
If you say something that makes you sound guilty, it could be used against you in court. Even if you think you are innocent, it is best to stay silent and talk to a lawyer first.
The Right to an Attorney
You have the right to have a lawyer represent you. If you cannot afford a lawyer, the court will appoint one. A lawyer can help you understand your rights and protect your interests.
The Presumption of Innocence
You are presumed innocent until proven guilty. This means that the prosecutor must prove that you are guilty beyond a reasonable doubt for you to be convicted.
The reasonable doubt standard requires evidence that is so convincing that it leaves no reasonable doubt in the minds of the judge or jury that you are guilty.
Charged or being investigated for simple assault in San Diego?
When you’re stressed and unsure what counts as “assault,” it’s easy to say the wrong thing or miss a chance to protect yourself. You shouldn’t have to guess about your rights, penalties, or what the prosecution must prove. The Law Offices of Kerry Armstrong acts as your guide—bringing real courtroom experience and a clear strategy focused on protecting your future.
Here’s the plan:
- Talk to us confidentially about what happened and where the case stands.
- Get a defense roadmap based on the facts, evidence, and your goals.
- Take action quickly to pursue the strongest outcome possible.
The sooner you get informed, the better you can avoid mistakes—and move toward a resolution that protects your record and peace of mind.
Facing Simple Assault Charges? Contact Our Experts for a Free Consultation!
Simple assault is a serious crime with serious consequences. If you have been charged with simple assault in California, it is important to contact an experienced criminal defense attorney immediately.
With well more than 100 jury cases tried, The Law Offices of Kerry L. Armstrong, APLC, has a proven track record of successfully defending clients against many criminal charges, including simple assault. We will go to great lengths to safeguard your freedom, rights, and future.
Contact us online or call 619-304-2058 today for a free and confidential consultation.
Simple Assault in California: Frequently Asked Questions
What is simple assault in California?
+When people ask what is simple assault in California, they are usually referring to conduct involving an attempt or threat to cause harmful or offensive contact with another person. Simple assault does not require actual physical injury to occur, which is why many cases involve disputes over intent and actions.
How is simple assault different from battery in California?
+The distinction between simple assault vs battery in California often confuses people. Simple assault focuses on the attempt or threat of force, while battery generally involves actual physical contact. Many simple assault cases arise even when no one was physically injured.
Is simple assault a misdemeanor in California?
+A simple assault charge in California is commonly treated as a misdemeanor. However, the exact handling of the case can depend on the surrounding circumstances, including the alleged conduct and any prior criminal history.
What are common examples of simple assault in California?
+Examples of simple assault in California may include raising a fist in a threatening manner, attempting to strike someone without making contact, or making movements that cause another person to reasonably fear immediate harm.
What penalties can result from a simple assault conviction in California?
+Penalties for simple assault in California can include fines, probation, counseling requirements, and potential jail time. The consequences of a simple assault conviction in California may also affect employment, licensing, and future criminal matters.
Does simple assault require intent in California?
+Intent required for assault in California is often a key issue. Prosecutors usually focus on whether the person intended to commit an act that could result in force or violence, even if no injury ultimately occurred.
Can words alone lead to a simple assault charge?
+In many situations, words alone are not enough. However, when statements are combined with actions or gestures that create a reasonable fear of immediate harm, they may contribute to a simple assault allegation in California.
What defenses are commonly used against simple assault charges in California?
+Defending against simple assault charges in California often involves challenging intent, disputing the alleged threat, or showing that the conduct was misunderstood or exaggerated. Each case depends heavily on witness statements and context.
What are the long-term consequences of a simple assault conviction?
+The consequences of a simple assault conviction in California can extend beyond the courtroom, potentially affecting background checks, professional opportunities, and future legal matters. This is why early legal guidance is often important.
When should someone contact a San Diego simple assault defense attorney?
+Anyone facing or under investigation for a simple assault charge should consider speaking with a San Diego simple assault defense attorney as soon as possible to understand their options and protect their rights.
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