California Penal Code Section 240 –Assault
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
California Penal Code Sections 240 defines simple assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. If a person is charged with the crime of assault as defined under California Penal Code 240, the criminal charges are punishable under California Penal Code section 241. California Penal Code section 241, states that assault is punishable by a fine up to $1000 or by imprisonment in jail for a period of up to six months or both a fine and imprisonment. A penalty assessment will be added to any base fine imposed by the court on a simple assault plea.
Assault is sometimes filed as a separate count in a domestic violence case. In some instances, the Defendant may have gotten into an argument with his or her spouse or significant other, and during that argument, one of the parties may have acted in such a fashion that may be interpreted as an unlawful attempt to commit a violent injury.