Penal Code §240
California Penal Code 240: assault explained
PC 240 defines assault through an unlawful attempt and present ability to commit violent injury. Compare assault with battery under PC 242.
The statutory definition
Section 240 defines assault by an unlawful attempt, combined with a present ability, to commit a violent injury on another person. Both the attempted conduct and present ability matter. The statute is a definition; it is not a complete sentencing guide.
Assault and battery describe different legal questions
Section 242 defines battery through the willful and unlawful use of force or violence upon another person. Section 240 focuses on an attempt coupled with present ability. Treating the two words as interchangeable can obscure what the prosecution actually alleges.
An allegation under section 240 does not require that a battery also be completed. Conversely, identifying some physical contact does not answer every question about whether that contact was willful and unlawful under the battery definition.
Why the surrounding facts matter
Review should identify the conduct alleged, the distance and positions of the people involved, the timing, and what any recording actually shows. A short excerpt or a witness’s shorthand description may omit context relevant to the statutory language.
This reference does not decide whether particular conduct satisfies the legal standard. Jury instructions and case law provide further explanation, and the applicable instruction depends on the charge and evidence.
Check the entire charge
Look for the exact code section and subdivision on the charging document. A different assault section or an additional allegation can involve rules beyond this definition. The charge label alone is not a prediction of sentence.
When seeking a consultation, the charging document, notices, and existing orders help identify the questions that need legal review. A general reference page cannot determine which additional provisions apply to an individual case.
Common questions
Is assault the same as battery?
No. Compare the attempt-and-present-ability definition in PC 240 with the willful-and-unlawful-force definition in PC 242.
Does this page list every assault penalty?
No. PC 240 defines assault. Other provisions, the particular charge, and any additional allegations must be reviewed to understand possible consequences.
Sources
- California Penal Code section 240 leginfo.legislature.ca.gov Source checked on 2026-10-27