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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.


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).

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.