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.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).
Gun Rights: Fresno County is a combination or rural, mountain, and metropolitan areas. The heart of the city of Fresno, much like Tulare, Hanford, and Madera, is just a matter of minutes from well known and often used hunting and fishing locations. Mountain streams, wooded hunting grounds, and even the popular dove season hunt starting September 1st each year are major activities in the central valley.
Gun Rights, a persons 2nd amendment right to bear arms, is a major area of concern for many people. Being convicted of a violent misdemeanor such as PC 240 will result in a prohibition of gun ownership and/or possession for a period of 10 years. If this crime had, as a victim, a person with a domestic relationship, it will result in a lifetime ban on firearm ownership and possession.
If an aggressive and educated defense against the violent misdemeanor of PC 240 assault or PC 242 Battery are important to you, contact Fresno criminal defense and violence crime defense attorney Jonathan Rooker for help with your case.