Contact Us for a Consultation (559) 266-5555

Fresno Domestic Violence Attorney | Fresno Criminal Defense Attorney

Penal Code Section 240. Assault -- Defined.

An assault is an unlawful attempt, coupled with a present ability to commit a violent injury on the person of another.

Elements:

1. Defendant unlawfully committed an act which by its nature would probably and directly result in the application of physical force on another person.

2. At the time the act was committed, defendant had the present ability to commit a violent injury on a person. [PC 240]

PC Section 241(a). Punishment. An assault is punishable ... by imprisonment in the county jail not exceeding six months . . . [PC Section 241(a)]

An assault conviction, under PC 240 carries a sentence of up to 180 days in County Jail.  Probation may be up to 5-years. Terms may include counseling and other terms dictated by the court.

Firearm Restriction: A criminal conviction under Penal Code Section 240 carries a mandatory 10-year firearm prohibition.  A person is prohibited from owning and/or possessing a firearm for 10-years.  The State of California mandates the restriction. See Domestic Violence Information Page

However, if the victim of the Assault has a factual domestic relation to the convicted person, the Federal Government, per the Lautenberg Amendment of 1996, to the Gun Control Act of 1968, makes ownership of a firearm following a Misdemeanor Crimes of Domestic Violence a felony.  This act was disputed all the way to the United States Supreme Court when it was finally resolved in United States v. Hayes (2006).

Return To Home Page

Get the Help You Need

Jonathan Rooker can help you, when you need it most. The road to justice may sometimes be a long road, but it is a worth fighting for. Don't try to handle a criminal allegation without first consulting and educated experienced attorney to see if they can help and/or advise you on the best defense.

Schedule Today

191 West Shaw
#209

Fresno, CA 93704
(559) 266-5555
(559) 412-2082 (fax)
Mon, Tue, Wed, Thu, Fri: 07:30am - 07:30pm
Sat, Sun: 09:00am - 01:00pm

Menu