California Assault Laws and Penalties 2026 Explained

Accusations of assault, whether stemming from a serious confrontation or a simple misunderstanding, can have grave consequences for your future, reputation, and freedom. If you’ve recently found yourself facing assault charges, you need to learn more about California assault laws and penalties so that you know what to expect.

What Constitutes Assault Under California Law?

Despite what many people believe, assault doesn’t always require physical contact. Under California Penal Code 240, assault is defined as unlawfully attempting, with the present ability, to use violence or force against another person. Put simply, a person can be charged with assault even if no physical injury occurs.

This means that when assessing guilt, courts consider what a person intended to do and whether they realistically could have followed through.

Types of Assault in California and Their Penalties

Assault is a commonly occurring offense in California, particularly aggravated assault. In 2023, California had the most reported aggravated assault offenses in the country, with over 130,000 cases. That number decreased in 2024, but it was still the most reported violent crime in the state.

In the state, multiple forms of assault are described under the law, and they each have their own penalties.

Simple Assault

In California, simple assault is the most basic form of assault that involves attempting to cause harm with no aggravating factors, such as using a weapon. Penalties for simple assault may include:

• Up to six months in county jail
• Fines up to $1,000
• Probation and community service

The penalties listed above can increase if you commit assault against a protected individual, like a firefighter, police officer, or emergency medical technician.

Aggravated Assault

Aggravated assault describes more serious assault conduct; however, California law doesn’t formally use this term in its statutes. Aggravated assault in many situations involves the use of a deadly weapon or force likely to produce great bodily injury.

In California, these types of cases are usually charged under Penal Code 245. Considering California doesn’t use the “aggravated assault” label, some prosecutors may also charge assault with intent to commit specific crimes, depending on the circumstances.

For example, under Penal Code 220, assault with intent to commit rape, sodomy, oral copulation, or mayhem carries its own more serious penalties and is separate from charges under Section 245.

Assault crimes like these can be charged as felonies or misdemeanors, depending on the facts of the case. Penalties for aggravated assault depend on the circumstances of the offense, but can include: 

• Two to twelve years in state prison
• Fines up to $10,000
• A possible strike under California’s “Three Strikes” law

Assault With a Deadly Weapon (ADW)

Assault with a deadly weapon is defined under Penal Code 245(a)(1). This is a specific type of aggravated assault that involves using a weapon, other than a firearm, capable of causing serious harm or death to another.

With this type of assault charge, the penalties can vary based on the weapon used and whether the offense is charged as a felony or misdemeanor. Potential consequences include:

• Up to four years in state prison (felony)
• Up to one year in county jail (misdemeanor)
• Weapon confiscation and loss of firearm rights in some situations

Assault on a Public Official

California is one of the strictest states in that it imposes harsher penalties on individuals who commit assault against public officials and their families in retaliation for or to influence an official’s duties. Public officials often include prosecutors, judges, and elected officials.

In most cases, assault on a public official is charged under Penal Code 217.1(a), and the offense may be charged as a misdemeanor or a felony. An attorney can help you determine which applies to your assault case.

If the offense is charged as a misdemeanor, the penalties include:

• Up to one year in county jail
• Possible fines and probation

If the offense is charged as a felony, the penalties can include:

• 16 months, two years, or three years in custody (usually county jail under realignment)
• Possible fines up to $10,000
• Formal probation may apply

Why You Should Hire The Law Office of Victor Nasser

At The Law Office of Victor Nasser, we understand the effects assault accusations and charges can have on you and your family. With so many nuances in California assault laws, it’s vital to hire an assault lawyer who is familiar with the differences in charges and penalties and can help you understand what you could potentially be facing.

Our attorney can aggressively defend you when charged with an assault offense and use his experience in court and negotiating with prosecutors to your benefit.

FAQs

What Is the Difference Between Assault and Battery in California?

Although they’re related offenses, assault and battery are two different crimes in California. Assault involves attempting to harm another person with the current capability to do so, even if you don’t actually injure them. On the other hand, battery involves using force or violence to actually cause harm to another person.

Can Assault Charges Be Reduced or Dismissed in California?

When you work with a qualified attorney, it is possible to have assault charges reduced or dismissed. However, this will also depend on the facts of your case, your record, and the strength of the evidence against you. It’s worth noting that in select misdemeanor cases, California courts could allow pre-trial diversion, where your case could be dismissed if you successfully adhere to court-ordered terms.

Can I Be Charged With Assault in California Even if I Didn’t Intend to Hurt Anyone?

Unfortunately, in California, you can be charged with assault even if you didn’t intend to hurt anyone. Assault charges can result if you intentionally commit an act that is likely to result in force being applied to another individual, and you knew the act could cause harm, even if you didn’t want to hurt them.

What Are Some Defenses to an Assault Charge in California?

If you are facing an assault charge in California, there are several defenses that you can use to fight the charge. For example, your lawyer could argue that you acted in self-defense or defense of others, or that there is a lack of intent. Your lawyer could also argue that the accusations against you are false. Our legal team can help you assess your possible defenses.

Hire an Assault Lawyer in California Today

Truthfully, California laws continue to evolve, and how assault is interpreted can change, which is why it’s a good idea to rely on legal guidance. If you need help understanding assault charges or penalties, you can turn to us for help.

With the help of our attorney at The Law Office of Victor Nasser, you can build a strong defense against assault accusations. Call us today to schedule a consultation in our Bakersfield office so that we can determine how your case should proceed to benefit your future.