In the State of California, it is a crime to commit assault against someone else in any form—that is, to attempt to harm someone else physically. However, certain aggravating factors can make an assault charge more severe under California law, accompanied by the potential for more severe penalties.
If you are charged with one of these aggravated assault crimes, you could face several years in prison as opposed to a few months in jail. Aggravated assault, a more severe form of assault, differs from simple assault in its severity and the extent of the potential harm inflicted.
While simple assault involves a basic attempt to commit a violent injury to someone else, aggravated assault typically consists of the use of a weapon, an object, or a display of force that is more likely to produce great bodily harm.
It should be noted that just like simple assault, an aggravated assault does not necessarily mean you made physical contact with the victim and caused them bodily harm. Simply, the attempt to do so qualifies as assault under California law and may be charged as a crime.
What are the Common Types of Aggravated Assault?
California has no statute identifying a general crime of aggravated assault. Instead, other, more specific offenses are categorized as aggravated assault. These include the following:
Assault with a Deadly Weapon – Penal Code 245(a)(1) PC
This crime involves a person assaulting another using a deadly weapon. The weapon doesn't necessarily have to be a traditional one like a gun or knife; any object used in a manner capable of causing serious harm or death qualifies as a "deadly weapon" under this law.
PC 245(a)(1) says, “Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding $10,000, or by both the fine and imprisonment.”
Assault with a Firearm – Penal Code 245(a)(2) PC
Assault with a firearm occurs when a person uses explicitly a firearm to inflict harm on another person. This may or may not involve firing the weapon; even the act of pointing the weapon at someone with intent to harm can constitute assault.
PC 245(a)(2) says, “Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding $10,000 and imprisonment.”
Assault by Means Likely to Cause Great Bodily Injury – Penal Code 245(a)(4) PC
In this case, the assault is not carried out with a weapon but through other means that could cause significant physical harm. For instance, striking someone with fists with excessive force with the intent to cause severe harm could be considered under this category.
This law could also be applied if the victim is particularly vulnerable and susceptible to injury, such as a child, a sick person, or an elderly person.
PC 245(a)(4) says, “Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding $10,000, or by both the fine and imprisonment.”
Assault with Caustic Chemicals – Penal Code 244 PC
This crime involves assaulting another person by placing or throwing corrosive or flammable substances at them. The intent behind the action must be malicious, and the substance used must be capable of causing serious bodily injury—whether the chemical contacts the victim.
PC 244 says, “Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of that person, is punishable by imprisonment in the state prison for two, three or four years.
As used in this section, “flammable substance” means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less.”
Assault with a Deadly Weapon on a School Employee – Penal Code 245.5 PC
This is a specific category of assault that involves assaulting a school employee with a deadly weapon or by means likely to produce great bodily injury. The law also requires that the perpetrator knew, or reasonably should have known, that the victim was a school employee performing their duties.
This crime differs from basic assault with a deadly weapon in that school employees have stronger legal protections, and assaulting a school employee, therefore, comes with a more severe prison sentence.
PC 245.5 says, “(a) Every person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a school employee, and who knows or reasonably should know that the victim is a school employee engaged in the performance of their duties when that school employee is engaged in the performance of their duties, shall be punished by imprisonment in the state prison for three, four, or five years, or in a county jail not exceeding one year.”
What are the Possible Penalties for Aggravated Assault?
Aggravated assault crimes are generally considered "wobbler" offenses, meaning they can be charged as either misdemeanors or felonies. The exception is assault with caustic chemicals, which is always charged as a felony. For misdemeanor offenses, the penalties are typically the following:
- Up to one year in county jail, and
- Up to $1000 in fines.
For felony offenses, the penalties are steeper depending on the specific charge. Most aggravated assault felonies are punishable by fines of up to $10,000 and up to four years in state prison. However, in the case of assaulting a school employee with a deadly weapon (PC 245.5), the prison sentence may extend up to 8 years.
What are the Possible Defenses?
Several defenses can be effectively employed against charges of aggravated assault in California, including the following:
- Self-Defense: Arguing that you acted to protect yourself from perceived immediate harm. This defense usually requires demonstrating you only used force proportionate to the threat.
- Defense of Others: Like self-defense, this defense asserts that you acted to prevent harm to another person.
- Accidental Injury: Claiming that any injury caused to the victim was accidental and not the result of willful assault.
- Lack of Intent: Proving intent is a critical element of assault crimes. Your attorney may argue that your actions were more incidental and that you had no intent to cause harm to the victim.
Contact our California criminal defense lawyers for more information. Eisner Gorin LLP is based in Los Angeles, CA.
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