ASSAULT AND ASSAULT WITH A DEADLY WEAPON

California law defines Assault as a crime where the defendant places the victim in reasonable fear of bodily injury. It does not require that the defendant actually have physical contact with the victim. An example of an assault is a person tries to punch another person and misses. These cases are typically filed as misdemeanor offenses.

A more serious charge involving assault is Assault with a Deadly Weapon (Penal Code § 245) which can be filed as either a misdemeanor of felony. For example, if a person points a gun (or other dangerous weapon) at another person then he can be charged with assault with a deadly weapon. The gun does not need to be loaded and the person with the gun does not need to intend on using the gun if the victim was placed in reasonable fear as a result of the person pointing the gun at him. This may be classified as a Strike Offense under California Law.

A charge of Penal Code § 245 can also apply to “Force Likely to Commit Great Bodily Injury.” Most commonly this involves a physical fight where the victim sustains a serious injury.