Prosecution Elements – Assault
The following is what the prosecuting attorney must prove and the instructions that the Jury will read in determining the verdict for a charge of assault under California Penal Code 241(a). Note that this is the general assault crime and there are several different types of assaults that can be charged.
Simple Assault – California Penal Code 241(a)
The defendant is charged with assault in violation of Penal Code section 241(a).
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant did an act that by its nature would directly and probably result in the application of force to a person;
- The defendant did that act willfully;
- When the defendant acted, (he/she) was aware of facts that would lead a reasonable person to realize that (his/her) act by its nature would directly and probably result in the application of force to someone; [AND]
- When the defendant acted, (he/she) had the present ability to apply force to a person(;/.) [AND]
- The defendant did not act (in self-defense/[or] in defense of someone else).