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Defending Assault Cases in Murrieta and Southwest Riverside County

Assault

No physical contact is required for an assault charge. That surprises most people. Under Penal Code § 240, an assault is an unlawful attempt to commit a violent injury on another person, combined with the present ability to do so. A threat accompanied by an aggressive move toward someone — without any contact — is enough. The charge is common, and it’s also one where the elements create real defense opportunities. At the Law Office of Nic Cocis, we have defended assault charges at the Southwest Justice Center and throughout Southwest Riverside County for over 25 years.

The Spectrum from Simple Assault to Assault With a Deadly Weapon

The Spectrum from Simple Assault to Assault With a Deadly Weapon

Simple assault — § 240

The base offense is a misdemeanor carrying up to six months in county jail and a $1,000 fine. The present ability element — meaning the defendant actually had the ability to carry out the threatened violence at the moment of the act — is one of the most frequently contested issues in simple assault cases. A person who lunges at someone across a room they can’t actually reach may not have the present ability the statute requires.

Assault with a deadly weapon — § 245(a)(1)

When a deadly weapon or instrument is used, the charge becomes a wobbler. A deadly weapon is any object capable of producing death or great bodily injury — which California courts have applied broadly to include vehicles, glass bottles, and shod feet in some circumstances. Misdemeanor: up to one year in county jail. Felony: two, three, or four years in state prison. A firearm elevates the charge further.

Assault with a firearm — § 245(a)(2)

Wobbler, carrying two, three, or four years as a felony, or up to one year as a misdemeanor. A semiautomatic firearm under § 245(b) carries three, six, or nine years. A machine gun or assault weapon under § 245(d) carries four, eight, or twelve years — a straight felony with no misdemeanor option.

Assault on a protected person

California law imposes enhanced penalties for assault on peace officers, firefighters, emergency medical personnel, school employees, and other specified victims. An assault that would be a misdemeanor against a private citizen can be a felony against a police officer. The defendant’s knowledge of the victim’s status is an element of the enhanced charge.

The Present Ability Element — Where Simple Assault Defenses Often Begin

The present ability requirement means the defendant must have had the actual, not theoretical, ability to carry out the threatened violence at the moment of the act. A person who makes a threatening gesture from behind a locked door, or who is physically separated from the victim by a barrier, may not satisfy this element. Distance, physical limitations, and the circumstances of the encounter all bear on present ability. This element receives less attention in charging decisions than it deserves, and we examine it in every simple assault case.

How We Can Help with Assault Charges

The defense in an assault case is built on the elements — present ability, the unlawful nature of the attempt, and in aggravated cases, the nature of the weapon or the victim’s status. Self-defense and defense of others are available in assault cases and are frequently raised where the circumstances support them.

Challenging the present ability element in simple assault cases
Raising self-defense and defense of others under Penal Code § 198.5 and related provisions
Contesting the deadly weapon characterization in § 245 cases
Challenging the defendant’s knowledge of a protected victim’s status
Pursuing misdemeanor treatment for wobbler assault charges
Addressing related protective orders in domestic context assault cases

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Element Analysis

We assess each element of the specific charge against the evidence. Simple assault cases often turn on the present ability question. Aggravated assault cases turn on the weapon characterization and the circumstances of the encounter.

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Self-Defense Investigation

Where the assault arose from a confrontation in which the defendant was also threatened or attacked, we investigate the full circumstances of the encounter — who initiated contact, what was said, what the physical evidence shows — and build the self-defense record from those facts.

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Wobbler Pursuit

For § 245 charges, we pursue misdemeanor treatment wherever the evidence and circumstances support it. The felony-misdemeanor distinction in an assault with a deadly weapon case significantly affects employment, licensing, and firearms rights.

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04

Negotiation and Trial

Assault cases frequently resolve through negotiation — sometimes to a lesser offense that avoids the strike designation or the enhanced penalty. Where the evidence supports a trial defense, Nic Cocis has the courtroom experience these cases require.

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Facing Assault Charges in Murrieta?

Contact the Law Office of Nic Cocis for a consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.

Schedule a Consultation Call Law Office Of Nic Cocis Today

Why Choose the Law Office of Nic Cocis?

Element-Based Defense

Examines the present ability and unlawful attempt elements in every assault case

Self-Defense Experience

Has built self-defense records in assault cases from mutual combat to standalone altercations

25+ Years at the Southwest Justice Center

Familiar with how assault charges are prosecuted and resolved locally

Multilingual Services

English, Romanian, and Spanish available

Frequently Asked Questions

Assault doesn’t require contact — that’s battery. Assault is the attempt or threatened application of force with the present ability to carry it out. Pointing a weapon at someone, throwing an object that misses, or charging at someone before being restrained can all support an assault charge without any contact occurring. The contact — if it occurred — would support a separate battery charge. The two are often charged together, but they’re legally distinct offenses.

Assault is the attempt or threatened application of force — no contact required. Battery under § 242 is the actual, offensive application of force, however slight. A slap is battery. A punch that misses is assault. A confrontation that involves both a threat and contact typically supports charges of both assault and battery, though prosecutors often charge one or the other depending on the facts and their theory of the case.

A verbal threat alone — without an accompanying physical act or movement suggesting immediate ability to carry it out — generally doesn’t satisfy § 240. A verbal threat that causes fear but doesn’t involve a physical act may support a criminal threats charge under § 422 rather than an assault charge. The line between § 240 and § 422 is drawn by the presence or absence of a physical act suggesting imminent execution of the threat. Context, the defendant’s physical proximity, and the circumstances of the encounter all matter.

Areas We Serve

  • Murrieta

  • Menifee

  • Wildomar

  • Canyon Lake

  • Temecula

  • Lake Elsinore

  • Winchester

  • French Valley

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