A heated argument outside a Pasadena coffee shop turns physical, and you end up shoving someone to get them away from you. Moments later, you’re in handcuffs. The officer says you’re being arrested for assault, but what does that really mean? And more importantly, is assault a felony in California?
If you or a loved one is facing assault charges, the answer isn’t always straightforward. In our state, some assault charges are misdemeanors, while others rise to the level of a felony, depending on the circumstances.
Below, our team provides an overview of felony assault in California, including what makes assault a felony, the potential consequences, and how our experienced criminal defense attorney can help.
What Is Assault Under State Law?
Assault is defined as the unlawful attempt, coupled with the present ability, to use force or violence on another person. Therefore, you don’t have to make physical contact for the State to charge you with assault; just the act of attempting to use force can be enough to warrant assault charges.
In other words, it’s not about whether someone got hurt—it’s about what you tried or appeared ready to do.
What Is Felony Assault in California?
Under state law, there’s no single offense called felony assault. Instead, several assault-related crimes are considered felonies when they involve aggravating factors such as weapons, serious injuries, or protected victims. Let’s consider some categories that could justify a felony charge.
Assault with a Deadly Weapon
It’s a felony to assault someone using a deadly weapon or force likely to cause great bodily injury. Common examples include:
- Swinging a bat at someone’s head during a fight,
- Attacking a person with a broken bottle, or
- Driving a car toward someone intentionally.
Assault with a deadly weapon is a “wobbler” offense, meaning the State can charge it as a misdemeanor or felony, depending on the facts and the defendant’s criminal history.
Assault with a Firearm
Using a firearm during an assault is automatically considered more serious. Even if the weapon isn’t fired, simply pointing it or threatening someone with it can result in felony charges.
Assault on a Public Official or Peace Officer
Assaulting a law enforcement officer, firefighter, EMT, or other protected public servant while they’re performing official duties can result in a felony charge.
How Do Prosecutors Prove Assault Allegations?
In court, the prosecutor must establish each element of the crime beyond a reasonable doubt.
To secure a conviction for misdemeanor assault, prosecutors must prove:
- You willfully acted in a way likely to result in the application of force,
- You were aware that your actions could result in the application of force,
- You had the present ability to apply that force, and
- You acted without lawful justification.
As stated, assault is a felony in California under various circumstances. For the felony-level offense of assault with a deadly weapon, the prosecutor must show that:
- You acted in a way that was likely to result in the application of force,
- The act was willful and not accidental,
- The force used was likely to produce great bodily injury or involved a deadly weapon,
- You had the present ability to apply that force, and
- You did not act in self-defense or defense of another.
If the prosecution fails to establish even one of these elements, the entire case can collapse.
Penalties for Felony Assault Charges
Felony assault charges carry serious penalties, including prison time, fines, and the lifelong impact of a felony record. Depending on the specific charge, you may be subject to:
- Two to four years in state prison, or up to 12 years in some aggravated cases;
- Fines up to $10,000;
- Loss of gun rights;
- Immigration consequences for non-citizens; and
- Probation with mandatory anger management or counseling.
Convictions may also count as “strikes” under California’s Three Strikes Law if they involve significant bodily injury or the use of a deadly weapon.
Legal Defenses to Felony Assault
Being charged with felony assault doesn’t automatically mean you’ll be convicted. The facts matter, and so does how they’re presented. A skilled defense attorney can identify weaknesses in the prosecution’s case and use one or more of the following strategies to protect your rights.
You Acted in Self-Defense
If you reasonably believed that you or someone else was in immediate danger, and you used only the amount of force necessary to protect yourself, that isn’t a crime; it’s self-defense. California law recognizes your right to stand your ground when threatened.
There Was No Present Ability or Intent
Maybe things got heated, but you never made a move or had the means to cause harm. Yelling, arguing, or even angry words alone aren’t enough for an assault conviction. The prosecution must show that you had both the ability and intent to use force, not just emotion in the moment.
The Object Wasn’t a Deadly Weapon
Prosecutors often stretch the definition of what constitutes a deadly weapon. But not every object that can hurt someone qualifies. Everyday items like a shoe, pencil, or phone might sound threatening in a police report, but don’t necessarily meet the legal standard for a deadly weapon.
False Accusations or Mistaken Identity
Misunderstandings happen in chaotic or crowded situations. People may exaggerate, misidentify, or falsely accuse you out of anger or confusion. Strong defense work often starts with surveillance footage, eyewitness statements, and inconsistencies in police reports that reveal the truth.
Go with Esfandi Law for Your Assault Defense
Felony assault cases move fast, and prosecutors rarely wait to make their case against you. Having a defense attorney early on can be the difference between walking free and serving time.
The legal team at Esfandi Law Group brings decades of courtroom experience to every case. Attorney Seppi Esfandi is a former Los Angeles public defender who has handled thousands of criminal matters, from simple battery to felony assault with a deadly weapon. He’s also a Certified Criminal Law Specialist by the California State Bar Board of Legal Specialization, a designation earned by only a small percentage of criminal defense attorneys.
When your freedom is on the line, our defense process begins with a thorough review of the evidence, identifying weaknesses in the prosecution’s case, and developing a personalized strategy tailored to your goals. We offer bilingual representation, 24/7 availability, and personalized service across Southern California.
If you’ve been arrested or charged with felony assault, time is critical. Before speaking to police or agreeing to a plea, talk to our defense attorney who knows the local courts, the law, and how to fight back.
