You’re out with friends at a bar when a heated conversation turns into raised voices. You push someone away to create some physical distance, and within minutes, the police arrive. The next thing you know, you’re being arrested and charged with assault, even though no one was seriously hurt. Sound familiar?

In California, even a minor confrontation can escalate into criminal charges. What is considered assault in California? If you’re asking that question, you’re not alone. Below, we’ll break down the law, including the elements of assault, the difference between simple and felony assault, potential penalties, and legal defenses that may apply to your case.

What Is Assault in California?

California law defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. In plain language, that means you can be charged with assault even if you never made physical contact with the alleged victim. All it takes is an intentional action that could reasonably make someone fear immediate harm.

The prosecution must prove four things to convict someone of simple assault:

  • Act—you did something that would “directly and probably” result in applying force to someone else;
  • Willful—you did so willfully;
  • Aware of facts—when you acted, you were aware of facts that would make a reasonable person believe your act would directly and probably result in force; and
  • Present ability—when you acted, you had the ability to apply that force.

The law does not require injury or even physical contact with another person. Instead, the focus is on the intent and potential harm.

What Is Simple Assault?

Simple assault in California is a misdemeanor offense. It typically involves minor altercations or gestures that suggest physical harm, even if none actually occurred, including:

  • Throwing a punch and missing,
  • Shoving someone during a dispute, and
  • Swinging an object in a threatening way without making contact.

The State considers these offenses serious because of the potential for harm. However, the penalties are less severe than felony assault.

Examples That Could Lead to Assault Charges

Even non-violent situations can result in assault accusations. The following circumstances show how easily things can escalate to an assault charge:

  • Argument in a parking lot—gesturing aggressively while stepping toward someone;
  • Road rage incident—swinging a car door open toward a cyclist;
  • Domestic dispute—raising a fist or throwing an object in frustration; and
  • Crowded public space—shoving someone who bumps into you.

What may feel like minor tension can be prosecuted as assault, depending on how the situation is perceived by law enforcement. Even momentary actions can carry legal consequences. So what happens if you’re actually convicted?

Penalties for Simple Assault

If convicted of simple assault, you could face the following:

  • Jail—up to 6 months in county jail;
  • Fines—a fine of up to $1,000; and
  • Conditions—community service and anger management classes.

Aggravating factors (like assaulting certain public officials) can lead to enhanced penalties.

What Is Felony Assault in California?

The term “felony assault” generally refers to more serious actions involving weapons, serious injury, or assault against protected individuals. Felony-level assault is often charged under Penal Code § 245, commonly known as assault with a deadly weapon (ADW). It applies when someone uses a weapon or means likely to cause great bodily injury, such as:

  • Hitting someone with a bat or bottle,
  • Attempting to stab someone with a knife, and
  • Pointing a loaded firearm at someone from close range.

Felony assault charges may result in:

As you can see, the stakes are significantly higher than in misdemeanor convictions. Such a conviction can also have profound implications on your gun rights, employment opportunities, and immigration status.

How Assault Charges in California Are Filed

Whether you’re facing misdemeanor or felony assault charges in California depends on the circumstances of your case. Prosecutors consider factors such as:

  • Whether you allegedly used a weapon,
  • The extent of any injuries,
  • The relationship between you and the alleged victim,
  • Your prior criminal history, and
  • Whether the alleged assault targeted a protected person (like police or EMTs).

This is one reason that legal counsel is essential. Based on interpretation, what begins as a misdemeanor can quickly become a felony.

Legal Defenses to Assault Penal Code Charges

Being charged with assault under the penal code doesn’t mean you’re automatically guilty. Here are some effective defenses:

  • Self-defense. You reasonably believed you were in imminent danger and used only the force necessary to protect yourself.
  • Lack of intent. You did not willfully attempt to cause harm.
  • False accusation. The incident was reported inaccurately or with malicious intent.
  • No present ability. You could not immediately carry out the threatened act (e.g., you were too far away to strike).

Every case tells its own story. The best approach is a tailored plan built from the ground up, considering every detail, every piece of evidence, and the thoughtful skills of your defense attorney.

We Know How to Fight Assault Charges

At Esfandi Law Group, we understand how quickly a misunderstanding can turn into criminal charges. With over 23 years of legal experience, our team—led by Seppi Esfandi, a UCLA School of Law graduate and former public defender—has successfully helped thousands of Californians defend their rights in court.

Our team offers bilingual support and a personalized, strategic defense backed by deep knowledge of California’s assault laws. From first-time defendants to those facing multiple charges, we know how to build innovative, practical strategies that help to protect you.

Don’t Let an Assault Charge Define Your Future

What is considered assault in California? If you’re searching for answers to this question, you’re already taking the first step to defend yourself. The sooner you understand the charges and your legal options, the better your chances are to protect your freedom, record, and future.

Call us today to schedule an appointment where we can talk about what happened, explore your defenses, and get to work.

FAQs

Can You Be Charged with Assault Even If You Didn’t Hit Anyone?

Yes. In California, assault does not require physical contact. A credible attempt to apply force and the ability to do so can lead to criminal charges.

Is Yelling at Someone Considered Assault?

Yelling alone usually isn’t assault. However, if it includes threats of violence combined with actions that suggest immediate harm, the act could form the foundation for an assault charge.

Can Assault Charges Be Dropped?

Charges may be reduced or dismissed if there’s insufficient evidence, you acted in self-defense, or the incident was exaggerated or falsely reported. The earlier you involve a defense attorney, the better your chance of presenting these issues to the prosecutor before formal charges are filed.

Resources

  • California Criminal Jury Instructions. Judicial Council of California, link.
  • Assault Crimes. CALCRIM 915, 917, 3470. California Courts, link.
  • California Penal Code § 241, link
  • California Assault and Battery Laws. California Penal Code Title 8, Chapter 9. California Legislative Information, link.