CA PENAL CODE
Penal code was enacted in February 1872 originating from a penal proposed code in New York in 1865. These codes are divided into six units, some of which entail titles and also subdivided into classes. The first part entails legal terms rather than an explanation on the criminal punishment. It contains sections such as crimes against the state, crimes related to the court system, violence, and crimes against morals. It also contains crimes against public health and safety, state peace, public revenue, properties, vandalism, trespassing, miscellaneous crimes and crimes against victims and witnesses. Part two states the criminal procedure system, part three includes the statutes governing jails, prisons and any law in charge of the death sentence. Part four includes the laws governing, police investigations, training, crime control, prevention of crime and statutes dealing with gun control. Part five consists of the officer’s memorial foundation and maintaining the officer’s memorial grounds. The last part 6 involves statutes that deal with the management of weapons.
An assault is an act of committing physical harm or even unwanted contact on a person. It can also be defined as a threat or the attempt of committing such an action. Even though there is no such distinction between an assault and battery. It is covered in the section PC 240 of the penal code. In this code, it is defined as an unlawful attempt, with the ability to commit injury on a person. One of the conditions to satisfy assault in this code is the force applied. I would change the part where a slight touch made offensively could count as an assault to determining if the other party prompted the initiation of the touch. Battery refers to the actual physical contact while assault is the attempt or threat. Assault has various groups such as assault and battery, rape and sexual assault, domestic violence, negligence violence, and murder or homicide. Assault is classified into simple assault and aggravated assault. Aggravated assault involves the use of a deadly weapon. It’s considered this kind if one causes serious bodily injury to another person using a deadly weapon. Having sexual relations with someone who is underage, body injuries that may result from the recklessness of vehicles on a road. It can also be charged when one causes harm to a police officer or a public servant. Simple assault one doesn’t have to be into contact with another. It can either be a failed battery attempt where one attempts to make physical injury but fails. Threatening act where fear is instilled on one or feeling that battery may occur (Kraut Law Group).
For an action to be fully determined as an assault the defendant must have threatened or made it visible that he intended to cause harm to an individual. This can be sensed through their actions, words or gestures. The victim must perceive that the threat or harm caused to them will harm them. Lastly, the victim must also be harmed in some way. Upon hearing the threat the victim should feel fear that they might be harmed. The penalties involved in an assault case under PC code 240 include misdemeanor probation. This is an alternative for jail, it allows offenders to serve most of their time under the court supervision rather than in jail. This may last one or three years. This sentence is carried out to protect the public, restore the victim and also rehabilitate the offender. Another penalty is serving six months in jail or a fine of up to one thousand dollars. Upon assaulting an officer on duty or a public servant the crime can be up to one year in jail and a fine of two thousand dollars (Legal March).
The new law I would create would define and categorize an assault as an act of inflicting an injury on another person rather than an attempt. In the previous code, the victim is not required to have suffered a direct injury for one to be charged. But in this new law, one should be able to provide evidence of direct injury this will help reduce the cases of false accusation. These accusations may be a result of anger, jealousy or even a quest for revenge. The elements to prove an assault in this law is that one should have conducted the offensive touching. But this application of force should not in any way have been prompted by the other party. The other party should not have initiated it or acted in a way that may result in this offense. The act done willfully should not result in any gain on the victim, also if it does not break the law it shouldn’t be considered as an assault. Since no one wants to go to jail the defense can argue under the basis of self-defense. This only applies if using the force was the only way to defend one-self at that juncture. Just believing that u may have been injured with no direct evidence of pain infliction does not count as self-defense in this new law.
The penalties administered are misdemeanor probation. In this law, the convicted person cannot reject the probation. This will help prevent any more assault since they go back and forth in court reporting their progress. The probation will also implement travel barns this will help limit assault cases. Upon violation of this probation, the judge should revoke it and send the defendant to jail, unless on understandable circumstance should it be modified. The years of an assault should be increased depending on the level with a minimum of 1year period in jail.
Reference
Bergman, Paul. “Assault, Battery, and Aggravated Assault.” Www.nolo.com, 10 Oct. 2011, www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html.
Find Law. “Assault and Battery Overview.” Findlaw, 2019, criminal.findlaw.com/criminal-charges/assault-and-battery-overview.html.
Kraut Law Group. “California Penal Code Section 240 PC: Assault.” Los Angeles Criminal Defense Lawyer | LA County DUI Attorney | Kraut Law Group Criminal & DUI Lawyers, 2019, www.losangelescriminallawyer.pro/california-penal-code-section-240-pc-assault.html.
Legal March. “Elements Required to Prove Assault.” LegalMatch Law Library, 31 July 2019, www.legalmatch.com/law-library/article/elements-required-to-prove-assault.html.
