California Penal Code §240 — Assault
PC §240 defines simple assault as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. No touching is required — the attempted or threatened use of force is enough. Simple assault is a misdemeanor punishable by up to 6 months in county jail and a $1,000 fine, but it frequently escalates to felony charges under PC §245 when a weapon or force likely to cause great bodily injury is involved.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault Cases in All LA County Courts
01 — Quick Facts
PC §240 — Assault at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §240 — Simple Assault |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Jail Term | Up to 6 months county jail |
| Fine | Up to $1,000 |
| Probation | Up to 3 years summary probation |
| Strike | No |
| Expungeable | Yes under PC §1203.4 |
| Immigration | Generally not a CIMT unless aggravated |
| Related Codes | PC §242 (Battery), PC §241 (Peace Officer), PC §245 (ADW) |
| Firearm Rights | Not affected for simple §240 misdemeanor |
| If Charged | Call (213) 723-2337 for a free consultation |
01 — What Is PC §240?
What Is California Penal Code §240?
PC §240 Reads:
"An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."
— California Penal Code §240
Assault under PC §240 is a completed offense the moment the defendant does an act that, by its nature, would directly and probably result in the application of force to another — while having the present ability to inflict that force. Words alone are not enough. A raised fist within striking distance, a lunge, or drawing back to swing all qualify, even if the punch never lands.
Assault vs. Battery
The two are constantly confused. Assault is the attempt; battery is the completed touching. Prosecutors regularly charge both together as PC §240/242 to give jurors a fallback.
Assault (PC §240)
An unlawful attempt with present ability to commit a violent injury. No contact required. The act must be one that would directly and probably result in force being applied.
Battery (PC §242)
The completed unlawful touching — however slight. Contact is the essence of the offense; injury is not required.
Why This Law Matters
Even a simple §240 conviction creates a public criminal record that appears on background checks and can trigger loss of professional licensure, immigration inquiry, and enhanced sentencing on any future offense. Prosecutors also use §240 as a springboard for felony §245 charges when a weapon or GBI is alleged. Aggressive early defense often results in diversion, dismissal, or reduction to PC §415 disturbing the peace with no criminal record.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §240
To convict a defendant of assault under PC §240, the prosecution must prove each of the following beyond a reasonable doubt (CALCRIM 915).
You Did an Act That by Its Nature Would Directly and Probably Result in Force
The act itself must be one that, if carried through, would apply force to another person. Words, threats, or gestures alone are not enough — there must be an outward act toward completing a battery.
You Acted Willfully
'Willfully' means on purpose. You do not have to intend to break the law or hurt anyone — only intend the act itself. Reflexive or accidental movements do not satisfy willfulness.
You Had the Present Ability to Apply Force
You must be close enough and physically capable of carrying out the threatened force at that moment. Threats made from across a street, over the phone, or while restrained do not qualify.
You Were Aware of Facts That Would Lead a Reasonable Person to Realize Your Act Would Result in Force
The defendant must have knowledge of the circumstances that would tell a reasonable person the act would result in application of force. This is a general-intent, not specific-intent, requirement.
04 — Penalties
Penalties for PC §240 Assault in California
Simple assault under PC §240 is a straight misdemeanor. Aggravated forms escalate quickly under PC §241 (protected victims) and PC §245 (weapons or GBI-likely force).
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Simple Assault | PC §240 | Up to 6 months county jail | Yes (up to 3 years) | No |
| Assault on Peace Officer / Firefighter | PC §241(b)/(c) | Up to 1 year county jail | Yes | No |
| Assault on School Employee | PC §241.6 | Up to 1 year jail | Yes | No |
| Assault With Deadly Weapon | PC §245(a)(1) | Up to 4 years state prison | Discretionary | Yes (if GBI or firearm) |
| Assault Likely to Cause GBI | PC §245(a)(4) | Up to 4 years state prison | Discretionary | Yes |
Aggravating Factors That Escalate PC §240
Victim Is a Peace Officer
PC §241(b)/(c)
Assault on a peace officer, firefighter, EMT, or custodial officer engaged in duty raises the maximum jail term to 1 year and adds mandatory fines.
Victim Is a School Employee
PC §241.6
Assault on a school employee performing duties or in retaliation for duties raises the maximum jail term to 1 year.
Victim Is Health-Care Worker
PC §241.1
Assault on a doctor, nurse, or emergency-department staff performing duties enhances penalties and can lose eligibility for diversion.
Hate-Crime Allegation
PC §422.7 / §422.75
Assault motivated by protected-class bias upgrades to a wobbler with up to 3 years in state prison and mandatory sentencing enhancements.
Weapon or Force Likely to Cause GBI
PC §245
The moment a weapon is used or the force used would likely cause GBI, the charge escalates to felony §245 with up to 4 years prison and strike exposure.
On School Grounds With Firearm
PC §626.9
Any assault-adjacent conduct with a firearm on or near a school triggers Gun-Free School Zone enhancements up to 5 years.
Beyond the Sentence
- Criminal record visible on employment and housing background checks
- Possible protective / stay-away order restricting contact with the alleged victim
- Professional license discipline (medical, nursing, teaching, security guard)
- Immigration inquiry — non-citizens should never resolve without immigration-informed counsel
- Ineligibility for certain federal jobs and security clearances
- Civil liability — the alleged victim can sue for emotional distress and any injury
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §240 Assault Charges
Simple assault is one of the most defensible misdemeanors — most first-time §240 cases resolve in dismissal, diversion, or reduction to PC §415 disturbing the peace.
Self-Defense or Defense of Another
You may use reasonable force to defend yourself or a third party from an imminent unlawful touching or attack. The threat must be reasonably perceived and the force proportional. Complete acquittal on success.
CALCRIM 3470
No Present Ability
Threats made from across a room, through a locked door, or while restrained fail the present-ability element. Distance and physical barriers defeat §240.
CALCRIM 915
No Willful Act
Reflexive gestures, stumbles, or accidental contact are not willful acts. Where the alleged 'attempt' was actually an involuntary movement, PC §240 cannot stand.
CALCRIM 915
Words Alone / No Overt Act
Verbal threats — even angry, profane ones — are not assault without an accompanying overt act toward completing a battery. Free speech is not §240.
PC §240
False Accusation / Mutual Combat
Bar-fight and domestic-dispute complainants often have motive to fabricate or exaggerate. We subpoena 911 audio, texts, video, and witness statements to expose inconsistencies.
CALCRIM 315
Reasonable Doubt / Insufficient Evidence
Many §240 cases rest on a single witness. We attack credibility, prior inconsistent statements, motive to lie, and lack of corroborating physical evidence.
CALCRIM 220
Consent / Mutual Combat
Consensual encounters — bar-scuffle mutual combat, sporting contact, martial-arts sparring — negate the unlawfulness required by §240 when properly documented.
CALCRIM 3455
Constitutional Sources
07 — Court Process
How PC §240 Assault Cases Move Through Los Angeles Courts
Most PC §240 cases are filed as misdemeanors in the LA County misdemeanor courts nearest the alleged incident and move quickly to resolution.
- 1
Step 1 — Arrest or Cite-Out
Simple assault often results in a citation with a future court date. Where police claim injury or public safety concern, they may book and hold.
- 2
Step 2 — Arraignment
Charges are read and plea entered. We appear on your behalf under PC §977 wherever possible. Protective-order requests are addressed here.
- 3
Step 3 — Pre-Trial Conference
Discovery is exchanged — body-cam, 911 audio, witness statements. Early negotiations for diversion or reduction to §415 begin.
- 4
Step 4 — Motions & Investigation
Investigator interviews of witnesses, subpoenas for surveillance video, and analysis of any alleged injury photos for inconsistency.
- 5
Step 5 — Diversion, Plea, or Trial
First-time defendants often qualify for informal misdemeanor diversion (PC §1001.95), mental health diversion (§1001.36), or military diversion (§1001.80). Dismissal on successful completion.
- 6
Step 6 — Sentencing or Post-Conviction Relief
If a conviction occurs, we push for the minimum sentence and immediate §1203.4 expungement upon completion of probation.
Los Angeles Courts That Handle PC §240 Assault Cases
Simple assault cases are heard at LA County misdemeanor courthouses based on the location of the alleged offense.
Airport Courthouse
Misdemeanor assault cases from West LA, LAX, and coastal communities.
Van Nuys Courthouse East
San Fernando Valley misdemeanor calendar.
Hollywood Courthouse
Cases from Hollywood, Los Feliz, and Silver Lake.
Metropolitan Courthouse
Downtown LA misdemeanor courthouse.
Long Beach Courthouse
Long Beach, Signal Hill, and South Bay cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Assault Defense Attorney
Daniel S. Rubin has defended clients charged with assault and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §240 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault Cases Throughout LA County
09 — FAQs
PC §240 Assault Questions — Los Angeles
Do I have to hit someone to be charged with assault in California?
No. PC §240 is a completed offense the moment you attempt to apply force with present ability — the punch never has to land. If you swing and miss, lunge, or draw back to strike within striking distance, you have committed §240 assault. If contact occurs, prosecutors add PC §242 battery.
Can words alone be assault?
No. Verbal threats without an accompanying overt act toward committing a battery do not satisfy PC §240. When threats of death or great bodily injury are made in a way that causes sustained fear, prosecutors charge PC §422 criminal threats instead.
Is a first-time assault charge a felony?
Simple assault under PC §240 is a straight misdemeanor with a maximum of 6 months in jail and a $1,000 fine. It escalates to felony wobbler charges only when a weapon is used, force likely to cause GBI is applied, or the victim is a peace officer with injury — all charged under PC §245 or §241.
What is the difference between PC §240 and PC §242?
PC §240 is the attempt to use force — no contact required. PC §242 is the completed touching — however slight. They are frequently charged together so jurors have a fallback if contact cannot be proven, but they are separate offenses.
Can I get diversion for a simple assault charge?
Yes. First-time §240 defendants typically qualify for judicial informal diversion under PC §1001.95, mental health diversion under PC §1001.36, or military diversion under PC §1001.80. Successful completion results in dismissal and sealing under PC §851.87 — no conviction on your record.
Will an assault conviction affect my immigration status?
Simple §240 is not per se a crime involving moral turpitude, but immigration officers can inquire about the facts. Any assault with a weapon or with injury is a categorical CIMT. Non-citizens should never plead to any assault charge without immigration-informed counsel.
Does self-defense apply to assault charges?
Yes. CALCRIM 3470 provides a complete self-defense instruction — you may use reasonable force to protect yourself or another from an imminent unlawful touching. The perceived threat must be reasonable and the force proportional. Self-defense is a complete defense to §240.
Can a §240 assault conviction be expunged?
Yes. After successful completion of probation, a PC §240 misdemeanor conviction is eligible for expungement under PC §1203.4. If the case was resolved by diversion, it can be sealed under PC §851.87. Expungement dismisses the conviction and, for most private employers, allows you to answer 'no' to convictions.
Available 24/7 — Free Consultation
Charged with PC §240 Assault in Los Angeles?
Aggressive pre-filing intervention and misdemeanor defense — Rubin Law, P.C. resolves most first-time §240 cases in diversion or dismissal. Call (213) 723-2337 for a free consultation.