Penal Code

EF-PC-01-001-A

Misdemeanor

Assault

A person commits Assault when they unlawfully attempt, threaten, or do an act with present ability to apply force or violence to another person, causing a reasonable belief that harmful or offensive contact is imminent.

Base fine: $200
Base time: 5 months

Sentence calculator

Aggravating factors

Protected Public Servant Victim

+100% fine · +25% time

Multiple Victims

+5 months

Prior Conviction

Mitigating factors

Substantial Cooperation

-20% fine · -20% time

No Lasting Injury

-2 months

Voluntary Surrender

-20% time

First Offense

-25% fine · -25% time

Legal principles

Assault focuses on unlawful attempts, threats, or acts done with present ability to apply force to another person.

01Physical contact or injury is not required if the suspect took a direct act or made an immediate threat with present ability to apply unlawful force.
02The threat or attempted force must be immediate rather than vague, conditional, or only future-facing.
03Pointing a firearm, drawing back to strike, lunging, chasing within striking range, or other conduct showing present ability may support assault even if no contact occurs.
04If a deadly weapon, firearm, or force likely to cause serious injury is used, evaluate Aggravated Assault rather than relying only on this degree.
05Reports should document words, gestures, distance, present ability, victim reaction, weapons or dangerous instruments, and why imminent force was reasonably feared.