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Assault

Are you facing assault charges in Los Angeles?

Assault is defined under California Penal Code Section 240 as any unlawful and willful attempt, coupled with the ability, to apply violent force to another person. This statute is commonly referred to as “simple assault” and is always charged as a misdemeanor.

People often use the term “assault and battery”, however assault and battery are actually two separate crimes, and carry different punishments. Battery, under California Penal Code section 242, is the unlawful application of force or violence on another person.

If you are facing assault charges in Los Angeles, or surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of Assault?

CALCRIM 915 lays out the elements that the prosecutor must prove for you to be found guilty of Assault in California. To be convicted of assault under Penal Code Section 240 the prosecutor must prove beyond a reasonable doubt that you;

  • Willfully,
  • Committed an act that would directly and probably result in the application of force to another person,
  • When you acted you were aware of facts that would lead a reasonable person to believe that the act would probably result in the application of force to another person; AND
  • You had the ability to apply force to the other person; AND
  • You did not act in self defense

Lets take a closer look at how the court defines these elements;


You act willfully when you commit the act on purpose or willingly. There is no requirement that you intend to hurt anyone.

Application of force means touching in a harmful or offensive manner.

How can I defend myself against Assault Charges?

Being charged with assault can be shocking, especially if it is the result of a minor conflict an no one got hurt. A Los Angeles criminal defense attorney can help. Some of the most common legal defenses to an assault charge are that;

  • You acted in self defense
  • You were falsely accused
  • You did not act willfully
  • You did not have the actual ability to inflict force on the other person

Additionally, assault cases sometimes do not have any witnesses. This means that if the accuser is unwilling to testify, and fails to respond to the court’s subpoena, the District Attorney may be unable to prove the case at trial, resulting in a dismissal.

Just because you have been accused of assault does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.

What are the Penalties for Assault?

California Penal Code section 240, assault, is a misdemeanor, and a conviction may result in up to;

  • 6 months in county jail,
  • A $2,000 fine, and/or
  • Misdemeanor probation

Felony assault with a deadly weapon is charged under California Penal Code Section 245 and carries much harsher penalties.

Contact Los Angeles Criminal defense attorney miles booth

Facing assault charges can be overwhelming. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.

To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

Violent Crimes


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Contact Miles Booth

Los Angeles Criminal Defense Lawyer
Phone:
424 272 1134
Email:
miles@boothdefense.com
Address:
2020 S Robertson Blvd Suite H
Los Angeles, CA 90034
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