The elements of a misdemeanor criminal assault in California
To be convicted of misdemeanor assault pursuant to California Penal Code Section 240 each of the following elements must be proved beyond a reasonable doubt:
- The defendant did something that was likely to result in the use of force against someone else;
- The defendant did so willfully;
- The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person; and
- When the defendant acted, he had the ability to apply force to the other person.
If you have been arrested for an assault, you should consult with an experienced criminal defense attorney to understand the available defenses before going to court.
Eric Hintz has been successfully representing individuals accused of assault in Sacramento and throughout Northern California for more than 35 years.
If you would like to arrange a free confidential consultation with Eric Hintz, please do not hesitate to call, text or email him.