Assault is either the threat or attempt to strike another, whether successful or not, where the target is aware of the danger. There is a requirement that the assaulter must be reasonably capable of carrying through with the attack. If the assault is done with a deadly weapon, the intended victim does not need to know of the peril. California law distinguishes between first or second degrees of assault depending on whether there is actual hitting, injury or a threat. An assault charge may be either a misdemeanor or a felony. Assault is both a criminal wrong and a civil wrong for which the victim may sue for damages due to the assault.

Normally, an assault conviction is punishable by a fine and/or imprisonment in the county jail not exceeding six months. Please note that there are some situations where the punishment will increase. These situations include
a) assaults against a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility;
b) assaults against a custodial officer;
c) assaults committed on school or park property against any person;
d) assaults committed against any person on the property of a public transportation provider;
e) assaults committed against a school employee;
f) assaults committed against a juror involved in a case of the defendant; and
g) assaults committed against a member of the United States Armed Forces because of the victim's service.

Aggravated assault is the crime of physically attacking another person with a deadly or dangerous weapon, which results in serious bodily harm. Aggravated assault is an attack connected with the commission of another crime. This crime is usually a felony.

Where one uses assault to defend oneself, the assault may be justified. The law uses a reasonableness standard. The amount of force used must be just enough to avert the threatened bodily injury. For example, where someone is being attacked with a fist, the use of a deadly weapon exceeds the original threat.

If you or a loved one was arrested and charged with assault, you must contact a skilled defense attorney immediately.