How Do Prosecutors Prove a California "Simple Assault" Under Penal Code 240?

Posted over 4 years ago. Applies to California, 2 helpful votes

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1

#1

The defendant did an act that by its nature would directly and probably result in the application of force to a person;

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#2

The defendant did that act willfully;

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#3

When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; AND

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#4

When the defendant acted, he had the present ability to apply force to a person.

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