Assault Charges in California: Understanding Degrees and Penalties
Whether it’s a simple misunderstanding or a serious confrontation, being accused of assault can jeopardize your future, freedom, and reputation.
At Werksman Jackson & Quinn LLP, we bring decades of collective courtroom strength and proven success to defend those accused of assault throughout Los Angeles and beyond.
What Constitutes Assault Under California Law?
In California, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. It’s important to note that physical contact does not need to occur for assault charges to be filed. Simply attempting or threatening to harm someone is sufficient to trigger legal action.
Degrees of Assault in California
Simple Assault
Simple assault is generally classified as a misdemeanor offense in California. It typically involves attempts or threats to harm someone without the use of a weapon or resulting in serious injury. Examples include swinging at someone and missing, or threatening to hit another person.
Penalties for simple assault:
- Up to six months in county jail
- Fines up to $1,000
- Probation and community service
These penalties can increase if the assault is committed against a protected individual, such as a police officer, firefighter, or emergency medical technician.
Aggravated Assault
Aggravated assault, often referred to as felony assault, involves more serious circumstances, such as:
- Use of a deadly weapon (gun, knife, vehicle, etc.)
- Assault causing serious bodily injury
- Assault with intent to commit a felony, like rape or robbery
These offenses are typically charged under California Penal Code §245.
Penalties for aggravated assault:
- Up to four years in state prison
- Fines up to $10,000
- Possible strike under California’s “Three Strikes” law
Assault With a Deadly Weapon (ADW)
Assault with a deadly weapon is a specific type of aggravated assault involving a weapon capable of causing significant harm or death. The penalties vary depending on the type of weapon used and the extent of the victim’s injuries.
Potential consequences:
- Up to four years in state prison (felony)
- Up to one year in county jail (misdemeanor)
- Weapon confiscation and loss of firearm rights
Assault on a Public Official
California imposes harsher penalties for assaults committed against public officials. This includes judges, prosecutors, elected officials, and law enforcement personnel.
Enhanced penalties include:
- Felony classification
- Increased prison time
- Additional fines and restrictions
Legal Defenses Against Assault Charges
Werksman Jackson & Quinn LLP focuses on dismantling the prosecution’s evidence before it ever reaches a jury. We identify procedural violations, expose exaggerations or inconsistencies in the accuser’s statements, and challenge witness credibility.
Common defense strategies include:
- Lack of intent – You must have intended to commit an act that would likely result in force.
- Self-defense or defense of others – If your actions were reasonably necessary to protect yourself or someone else, they may be legally justified.
- False accusations – In personal, family, or workplace conflicts, assault charges are sometimes misused as leverage or retaliation.
- Insufficient evidence – We push prosecutors to meet their burden of proof, beyond a reasonable doubt.
How an Assault Conviction Will Impact Your Life
An assault conviction can follow you for years, if not the rest of your life. Whether it’s a misdemeanor or felony, the consequences ripple through nearly every part of your personal and professional world.
Gun Rights
Under both California law and federal law, individuals convicted of felony assault—and in some cases, misdemeanor domestic assault—lose their right to own or possess firearms. In California, this loss can be permanent for certain offenses under Penal Code § 29800.
If your job requires carrying a firearm, such as law enforcement, private security, or military service, this restriction could end your career entirely.
Our Los Angeles criminal defense attorneys take these consequences seriously, exploring every avenue to preserve your rights, including pretrial motions, charge reductions, and alternative resolutions.
Custody Rights
If you are a parent, assault charges can deeply affect custody arrangements. California family courts prioritize the best interests of the child. Violent offense, especially one involving a partner or family member, can be used to modify or restrict your parenting time.
In some cases, courts may impose supervised visitation or strip you of custody entirely. And even if your case does not directly involve your child, a conviction can give the other parent legal leverage in family court.
Employment Prospects and Professional Licensing
An assault conviction can make it extremely difficult to secure employment, especially in careers requiring background checks. Government agencies, schools, hospitals, and financial institutions are among the many employers that routinely reject applicants with violent offenses on their records.
Even in industries with less regulation, public access to court records and online criminal databases means your case may follow you long after it’s resolved. For high-profile clients, reputational damage can begin the moment charges are filed.
Many professional licenses in California, such as those for doctors, nurses, lawyers, teachers, and real estate agents, can be suspended or revoked following an assault conviction. Licensing boards are often notified immediately when charges are filed and may launch disciplinary investigations even before your case concludes. Our goal is to defend your criminal case and help safeguard your livelihood.
Reasons to Choose Werksman Jackson & Quinn LLP
Werksman Jackson & Quinn LLP is one of the most esteemed criminal defense law firms in the nation, known for our success in high-stakes criminal cases. With decades of combined experience, our legal team has defended clients in the most serious situations, from complex felony cases to high-profile trials.
Speak With Our Trusted Assault Charges Defense Attorneys in Los Angeles
If you are facing assault charges, you deserve to be defended by a criminal defense law firm that’s respected in courtrooms across the state, like Werksman Jackson & Quinn LLP.
Call us today at (213) 688-0460 to schedule a consultation and speak with one of our leading assault defense attorneys.
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