When many people think about assault charges, they assume there has been a physical altercation. Someone has been harmed by another person, and the individual who caused that harm could be charged with a crime.
But under California law, assault is defined by the intent to cause harm. Physical contact is not a required element. If a person has the ability to cause harm and threatens to do so or attempts to do so, they could be charged – even if they never injure the other person.
A credible threat
Often, what must be shown is that the other party had a genuine fear that they would be harmed. In other words, there was a credible threat, even if no actual injury occurred during the incident.
For example, if two people get into an argument and one of them opens their coat to reveal a firearm or a knife, while making threats to harm the other individual, that conduct can constitute assault under California law. After an arrest, the person with the weapon may claim that they never took it out, never attempted to harm the other individual and that no one was hurt or injured in any way.
While that may be true, it does not change the fact that an assault may have occurred. A person can still be charged and convicted, even if they believe they never crossed the line or did anything wrong.
Legal defense options
Misconceptions about assault laws can lead to serious legal consequences, and people may not realize how severe the charges against them actually are. Anyone facing assault charges in California needs to be aware of all available legal defense options at this critical time.