Assault Defense Lawyers in San Diego (PC 240)

Charged with assault under PC 240? Even misdemeanor assault affects your record. Our lawyers fight for dismissals. Call 24/7.

A simple assault charge might sound minor. It’s not.

Under California law, you can be charged with assault without ever touching anyone. You don’t need to cause injury. You don’t even need to make contact. The law defines assault as an attempt to use force—and that’s enough to put you in a courtroom facing a criminal record.

People get charged with PC 240 assault every day in San Diego. A heated argument that got physical. A shove during a confrontation. A raised fist that never landed. Sometimes the “assault” was defensive—you were protecting yourself, and now you’re the one facing charges.

Being charged is not the same as being convicted. The prosecution still has to prove every element of this offense beyond a reasonable doubt, and assault charges often involve witnesses with conflicting stories, incomplete video footage, and self-defense claims that were never properly investigated.

The consequences of a conviction—even a misdemeanor—can affect your employment, your professional licenses, and your immigration status. But you have options. The right defense strategy can mean the difference between a conviction and a dismissal.

We’ve defended clients against assault charges throughout San Diego County. We know how these cases are prosecuted, and we know how to fight them.

Time matters. Call us today.

Quick Reference — PC 240 Simple Assault

What Is Assault Under California Law?

California Penal Code Section 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”¹

This is one of the most misunderstood definitions in criminal law. Many people assume assault requires physical contact or actual injury. It doesn’t. Under PC 240, you can be convicted of assault even if you never touched anyone.

The key word is attempt. If you took action that could have resulted in harmful or offensive contact—and you had the present ability to make that contact—you’ve technically committed an assault under California law.

“Force” under the statute doesn’t mean serious violence. It includes any harmful or offensive touching, no matter how slight. Throwing an object at someone, swinging a fist, or even spitting can qualify as assault if the prosecution can prove the required elements.

Elements of Simple Assault (PC 240)

To convict you of assault under Penal Code 240, the prosecutor must prove ALL of the following beyond a reasonable doubt:²

1. You did an act that by its nature would directly and probably result in the application of force to another person.

“Force” means any harmful or offensive touching. The touching doesn’t need to cause pain or injury—even the slightest contact can qualify.

2. You did that act willfully.

“Willfully” means you did it on purpose. It doesn’t mean you intended to break the law, hurt someone, or gain any advantage. You just have to have acted intentionally, not accidentally.

3. When you acted, you were aware of facts that would lead a reasonable person to realize that your act would directly and probably result in the application of force to someone.

This is the “knowledge” element. You don’t have to intend to cause harm—you just have to be aware that your actions could result in force being applied.

4. When you acted, you had the present ability to apply force to that person.

“Present ability” means you could actually make contact. If you were too far away to reach the person, or if there was a barrier preventing contact, you may not have had present ability.

Every element matters. If the prosecution can’t prove even one of them beyond a reasonable doubt, you cannot be convicted.

Assault vs. Battery: Understanding the Difference

People often confuse assault and battery. Under California law, they’re distinct offenses:

Assault (PC 240): The attempt to use force. No contact required.

Battery (PC 242): The actual use of force. Contact required.

You can commit assault without battery (you swung and missed). You can commit battery without assault (you touched someone unexpectedly from behind—no “attempt” because the contact was immediate). And you can commit both simultaneously.

This distinction matters for defense strategy. If the prosecution can prove contact occurred, they may be able to prove battery but not necessarily assault. Understanding the legal distinction can shape how we approach your case.

Enhanced Penalties for Special Victims

Simple assault under PC 240 becomes a more serious offense when the alleged victim falls into certain protected categories. If you’re charged with assault on specific public safety personnel while they’re performing their duties, you face enhanced penalties:

To trigger these enhanced penalties, the prosecution must also prove that you knew or reasonably should have known the victim was performing their official duties at the time.

Defense Strategies for Simple Assault

Assault charges often come down to conflicting accounts of what happened. Common defense strategies include:

Self-Defense

California law allows you to use reasonable force to defend yourself from imminent harm. If you reasonably believed you were about to be attacked and used only the force necessary to protect yourself, you have a complete defense to assault charges. We examine witness statements, video evidence, and the physical evidence to establish whether self-defense applies.

Defense of Others

The same principles apply when you’re protecting someone else from harm. If you reasonably believed another person was in imminent danger and used proportional force to protect them, this can be a complete defense.

No Present Ability

Remember, assault requires “present ability” to apply force. If you were physically incapable of making contact—due to distance, barriers, or restraint—we can argue this element wasn’t met.

Lack of Willfulness

Accidents aren’t assault. If the act was unintentional—you bumped into someone while turning around, or your arm swung while you were falling—there’s no willful act and no assault.

Insufficient Evidence

Many assault cases rely heavily on witness testimony, and witnesses disagree. Conflicting statements, lack of corroborating evidence, and credibility issues can all undermine the prosecution’s case.

False Accusation

Sometimes people fabricate or exaggerate assault allegations for personal reasons—custody disputes, revenge, insurance claims, or to gain advantage in civil litigation. We investigate the accuser’s motives and credibility.

Consequences of an Assault Conviction

Even though simple assault is “only” a misdemeanor, a conviction carries real consequences beyond the immediate penalties:

Criminal Record: A misdemeanor assault conviction stays on your record permanently unless expunged. It will appear on background checks for employment, housing, and professional licensing.

Immigration: For non-citizens, assault may qualify as a crime involving moral turpitude (CIMT), which can trigger deportation proceedings or make you inadmissible for visa renewals and green card applications.

Professional Licenses: Many licensing boards—including those for nurses, teachers, and real estate agents—require disclosure of criminal convictions and may take disciplinary action.

Employment: Many employers conduct background checks, and a conviction for a violent offense—even a misdemeanor—can affect hiring decisions, especially in healthcare, education, and positions of trust.

Firearm Rights: While a simple assault misdemeanor generally doesn’t trigger a firearm prohibition by itself, certain assault convictions (particularly those involving domestic partners) can result in federal firearm restrictions.

Related Charges

Assault charges often arise alongside or instead of other offenses. Understanding the relationships between these charges helps you understand what you’re facing:

Facing Assault Charges in San Diego?

Witnesses’ memories change. Evidence gets lost. The sooner we start, the more options you have.

We’re not here to judge you. We’re here to defend you—to give you the aggressive, thorough representation that assault charges demand.

Call us 24/7 for a consultation.

References

1. Penal Code, § 240.
2. CALCRIM No. 915.