Most individuals associate assault with physical aggression against another person. However, in California, that's not the case. Battery, not assault, is the intentional and unlawful use of violence or force against another person. The state of California defines assault as an illegal attempt, along with the present capability, to inflict a violent bodily injury to another person.

If found guilty, you could face a $1,000 fine and/or six years behind bars. Because of this, you can be charged with assault without even laying a finger on the alleged victim. A simple fist wave in another person's face would result in assault charges. Assaults can also take the following forms:

  • Threatening to murder someone
  • displaying a deadly firearm or weapon
  • Swinging a fist punch and missing
  • Throwing a stone at somebody and missing

Understanding What Aggravating Factors Mean

When an offense is classified as "aggravated," issues can quickly escalate. This is because aggravating circumstances raise the culpability or severity of an offense, which means that the consequences of a guilty verdict could be far harsher than they would be in the absence of aggravating elements. A few examples of aggravating circumstances are:

  • Prior offenses
  • Repeat offenses
  • Victim's vulnerability (I.e., elderly adults and children)
  • The use of a weapon
  • High risk of injury

Assault versus Aggravated Assault

In light of the following details, it is clear why an aggravated assault allegation is more serious than a simple assault charge. Aggravated assault demonstrates reckless behavior or a complete disregard for human life. Although the term "aggravated assault" is not defined explicitly in California law, offenses that are more serious than a simple assault include the following:

Assault With A Deadly Weapon

An assault with a deadly weapon, ADW, is defined in California PC 245a(1) as attacking, assaulting, or trying to attack another individual with a lethal weapon. To find a person guilty of ADW under California laws, the prosecution must demonstrate the following:

  • You committed the offense that, by its very nature, would most certainly lead to the use of physical force against another person
  • You committed that offense either with force or a deadly weapon that would have resulted in "severe bodily injury"
  • When you took action, you were at that moment in a position to use force likely to cause serious bodily harm or force with a deadly weapon
  • The defendant committed the offense knowingly
  • When you acted, you were aware of information that would persuade a reasonable individual to conclude that the actions would instantly and almost certainly lead to the use of force or violence against that individual

It should be noted that a criminal charge doesn't require an ADW "victim" to sustain an injury. The question at hand is whether the defendant's actions might have justified the use of force. It makes no difference whether or not the force was used. This code section often raises questions about the meaning of:

  • Use of force
  • Deadly weapon
  • Willfully
  • Serious injury

     1. Use of Force

According to California PC 245a(1), "use of force" includes any offensive or harmful physical contact. If it's done in an offensive or disrespectful manner, even the tiniest physical touch will be considered. An assault with a deadly weapon could take place even if the contact was not direct. It is possible to make contact with someone indirectly.

For example, an individual causes an instrument to come into contact with the "victim." It is also worth noting that a defendant does not have to be successful in using force against the other individual. The only thing necessary is that the accused did something that most likely would have required using force against the other individual.

     2. Deadly weapon

A "deadly weapon" is defined in this law as any form of object or weapon capable of causing death or serious bodily harm. This definition covers the most obvious deadly weapons, like knives and guns. Other objects, on the other hand, can be deemed lethal weapons if utilized in a manner that could either lead to loss of life or cause serious harm to someone. Here are a few examples:

  • A bottle used as a weapon
  • An unloaded firearm used to strike or club a person
  • A pencil used to stab another person
  • A dog that would attack people when ordered
  • A BB gun
  • An automobile used to run a person down, and
  • Other similar objects

     3. Great Physical Harm

According to California law, great physical harm is defined as a significant physical injury. This means more than just a slight injury. Broken bones, dog attacks, gunshot wounds, lacerations, and black eyes are some examples of severe bodily traumas.

     4. Willfully

According to this law, someone acts "willfully" if they do something voluntarily or with purpose. It's not required that the offender had the intent to violate the law, do harm to others, or benefit themselves.

Assault With a Firearm

This is defined by California statute as assaulting or attacking a person with a rifle, pistol, shotgun, machine gun, semi-automatic firearm, .50 BMG rifle, or an assault weapon under provisions of PC 245a(2). The assault could involve:

  • Pointing a gun at a person
  • Hitting or "pistol-whipping" an individual
  • Firing a weapon at the person, or
  • Shooting an individual

Provisions of California PC 245a(2) define assault with a lethal weapon as the following "elements of the offense":

  • You committed an offense with a weapon that, by nature, would lead to the use of force towards another person
  • You purposefully committed that act
  • When the defendant acted, he or she was aware of information that would enable a reasonable individual to conclude that the action would directly and almost certainly lead to the use of force on that individual, and
  • The defendant had the current opportunity to use force with the weapon when he or she acted

The prosecution must establish each of these "elements" to convict you of this crime.

Assault With Caustic Chemicals

"Assault with caustic chemicals" is considered an offense under California PC 244. This provision makes it a criminal offense to place or hurl flammable or caustic substances, like corrosive acid, vitriol, and flammable compounds, on another person to disfigure or hurt that victim. Assault with caustic chemicals is defined as follows under California PC 244:

  • Willfully and maliciously
  • Throwing, placing, or inducing the placement or launching of
  • Any corrosive substance, caustic chemical, flammable material, or vitriol
  • to another person
  • To harm the flesh or deform the body of the other individual

In general, "caustic chemicals" are compounds that can corrode or burn living tissue cells. “Vitriol” is a type of caustic compound. It specifically refers to sulfuric acid and its derivatives. PC 244 also extends to flammable materials with a flashpoint of no more than 150 degrees Fahrenheit. The term "flashpoint" describes the least temperature at which the vapor of a liquid can ignite. A lower flashpoint makes it easier for the compound to ignite.

Assault Using Any Force That Could Result In Severe Physical Harm

The provisions of California PC 245a(4) make it unlawful to assault or attack anyone and to do so using actions that are likely to result in "serious bodily injury." Under California law, an "assault" is defined as any act that is likely to lead to the use of force towards another individual. The "use of force" is described as any offensive or harmful touching.

Please keep in mind that an assault happens even if the action did not result in an injury. Furthermore, it makes no difference if someone was successful in using force against another. The sole requirement is that there has to have been some sort of an action (like hurling a container) that would have led to the use of force towards someone. According to California law, a GBI is serious or substantial physical harm. The decision of whether an attack could have resulted in "severe bodily injury" is dependent on all of the evidence in a case.

Courts have determined the following cases to have resulted in serious bodily harm:

  • Fractured bones
  • A black swollen eye
  • A dog bite
  • Gunshot wounds

Assault With a Deadly Weapon on a School Employee

The California law, PC 245.5, makes it unlawful to assault a school staff with a deadly weapon, a taser, a stun gun, or a firearm. This offense is punishable as either a felony or a misdemeanor. The maximum term is up to eight years in prison. An "assault" is defined by California law as an illegal attempt to perpetrate a violent injury on any individual, coupled with the current potential to do so.

It is important to note that for a defendant to be found guilty under this provision, the prosecution must show that throughout the assault the accused knew, or should have known, that the claimed person was a school employee acting in his or her duties. The school employee was involved in such school activities off or on school grounds.

A "school employee" is defined as any individual engaged as a probationary or permanent certified or classified worker of a school district, whether part-time or full-time. This includes not only teachers but also school bus drivers and administrators in the educational system.

Assault On A School Employee Using A Firearm

Any individual who assaults or attacks a peace officer with a lethal weapon or object that is not a firearm or by any other method is likely to cause great bodily harm while they are performing their duties. This includes people who know or have a good reason to know that the victim is a firefighter or a peace officer. The school employee was involved in such school activities off or on school grounds.

A "school employee" is defined as any individual engaged as a probationary or permanent certified or classified worker of a school district, whether part-time or full-time. This includes not only teachers but also school bus drivers and administrators in the educational system.

Assault On A Peace Officer With A Firearm

Any individual who perpetrates an assault with a lethal weapon or an object, other than a firearm, or by any means that is likely to inflict great bodily harm upon the body of a peace officer like a firefighter, and who knows or rationally should recognize that the alleged victim is a peace officer involved in the execution of her or his duties when the peace officer is executing her or his legal obligations. An assault in this context refers to an attempt to harm or batter the peace officer. Under California PC 245c, the prosecutor must establish the following elements to establish a guilty verdict:

  • You committed an act using a lethal weapon, a.50BMG rifle, a semi-automatic firearm, an assault weapon, a machine gun, a firearm or force likely to trigger GBI that, by its very nature, would include the use of force against an individual
  • You intentionally committed that offense
  • When you took action, you were aware of information that would have caused a reasonable individual to understand that it was inevitable that you would use force against someone
  • When you committed the act, you could use force likely to cause grievous bodily harm with a lethal weapon, a firearm, a semi-automatic firearm, a machine gun, an assault weapon, or a.50 BMG rifle on an individual
  • You knew—or should have known—that the individual assaulted was a firefighter or a peace officer acting in the course of official duty when you took action
  • The individual assaulted was legitimately conducting their duty as a peace officer at the time you committed the act
  • You didn't take action in self-defense or defense of another person
  • When firearms are used as lethal weapons to assault a peace officer or fireman, a charge is made under California PC 245 d

Defenses to an Aggravated Assault

Given the stakes in these situations, the question of how to defend yourself against an aggravated assault allegation demands to be answered. You could be able to get your charges dropped or reduced with the aid of a qualified attorney if you use one or both of the following arguments in your case:

Self-Defense

In every assault case, the burden of proof lies with the prosecution to show that the accused was not defending himself or herself. If the facts (including the accused's testimony) support it, a self-defense strategy is often the ideal defense tactic in an assault charge. A guilty verdict cannot stand if the argument can establish that the accused acted in self-defense.

Mistaken Identity

Testimony from eyewitnesses can be inherently unreliable. Simply put, people struggle to recall the faces of strangers they only briefly interacted with. It's common for a wrong individual to become a suspect and subsequently an alleged perpetrator in an aggravated assault case. It is crucial to examine any in-person and out-of-court identifications, and when necessary, test a witness's capacity to recognize the real attacker using lineups, expert testimony, persuasive identifications, and other techniques.

False Allegation

There are a lot of reasons for false allegations. Exposing false allegations necessitates competent cross-examination, extensive investigation of the matter, and putting on the correct witnesses to reveal the defendant's character to deceive and lie.

Insufficient Evidence

In every case, the defense must point out defective or missing evidence. Juries have high regard for police investigators as a result of TV series and movies that portray them as great crime-stoppers with unlimited resources and cutting-edge technology. Therefore, it is crucial to unmask the officers for the sluggish, inadequately skilled, and overworked beings that they are. When juries learn that investigators in a case didn't hunt for video evidence, fingerprints, or additional eyewitnesses, they can be quite upset.

Consent

This defense strategy is uncommon, but it could apply to an injury sustained while engaging in a physical contest, a contact sport, or consensual rough sexual conduct.

Lack of Current Ability

Since assault charges don't require physical contact, assaults can be carried out with simple threats. For instance, aiming a loaded firearm toward a person constitutes assault with a firearm. Pointing any unloaded firearm isn't allowed because the weapon can't shoot the other person, hence the accused does not have the current potential to cause injury to another individual.

Frequently Asked Questions About Aggravated Assault

The following are some of the most frequently asked questions about aggravated assault.

Is A Conviction Going To Affect My Gun Rights?

A guilty verdict under these provisions may jeopardize an accused's right to own and carry firearms.

According to California law, offenders with a criminal record are not allowed to possess or own firearms. This means that if someone is found guilty of a felony aggravated assault, they will no longer be allowed to legally own a firearm.

Can A Conviction Be Erased From A Person's Record?

An individual found guilty of aggravated assault could be eligible for criminal record expungement if he or she received either a county jail or probation term and successfully finished the jail/probation term. However, if an offender is convicted to serve prison time, an erasure of his or her criminal record is usually not possible.

Find a Los Angeles Criminal Defense Attorney Near Me

While an aggravated assault charge could be daunting in any setting, there is hope. Working with a competent criminal defense lawyer as soon as possible is recommended. If you or a loved one is facing aggravated assault charges, you will need solid criminal defense for your case. Get in touch with our experts at the Los Angeles Criminal Attorney. You can reach us at 424-333-0943 to ensure that your arguments are heard by the courts.