California Penal Code
Penal Code § 240 Assault
Defines assault as an unlawful attempt, with present ability, to commit a violent injury on another person.
Statute text, verbatim
What the code actually says
The verbatim text for this section is being re-verified. Read it on the official California legislative site in the meantime.
Read on leginfo.legislature.ca.govReport readiness
What a report needs to survive this charge.
Knowing the code is the easy part. Cases get kicked when the narrative never documents an element the prosecutor has to prove.
Elements to document
- An act that by its nature would directly result in force applied to a person
- The act was willful
- The suspect was aware of facts making the application of force likely
- The suspect had the present ability to apply force
Common report defects
- Present ability is never addressed (distance, weapon, barrier)
- Words alone are documented with no accompanying act
- Self-defense indicators in witness statements are left unaddressed
Abbreviated for reference. Report960 runs the full element and defect checklist against your narrative and quotes the exact passage behind every finding. This page is not legal advice.
Related sections
Charges that travel together.
Check a Penal Code § 240 report
Every element, checked.Every finding, quotable.
Paste or upload your narrative and Report960 flags the assault elements you left undocumented, grounded in the verbatim statute above.