Simple Assault & Battery: California Penal Codes 240, 242

A California PC 240 simple assault charge is one of the more common misdemeanor arrests in the state, and one of the most misunderstood. People often assume assault requires actual physical contact — it doesn't. They assume it's always minor — it isn't. And they assume it can't affect immigration, firearms, or professional licenses — sometimes it does.

This guide walks through what PC 240 actually covers, how it differs from battery and from more serious assault charges, how bail works in Nevada County, and what to do first if a loved one is arrested.

For related family violence charges, see our complete guide to domestic violence charges. For general context on how bail works, see How Does Bail Work in California?.

If you need to talk to someone right now, we're at (530) 265-0535, 24 hours a day.

What PC 240 Actually Says

California Penal Code 240 defines assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."

Every word matters:

"Attempt" — actual physical contact is not required. Attempting to strike someone can qualify as assault even if the punch misses or the person steps out of the way.

"Coupled with a present ability" — the person had to be actually capable of causing harm in the moment. Threatening someone from behind a locked door isn't assault under PC 240. Swinging at someone standing next to you generally is.

"Violent injury" — the injury doesn't have to be severe. A slap or push, if attempted, can qualify.

"On the person of another" — the alleged conduct has to be directed at another human being.

This is why so many people are surprised by an assault arrest. A raised fist during a heated argument, a swung arm that missed, or a shove that never fully connected can all lead to a PC 240 charge if officers believe the elements were present.

Assault vs. Battery — The Distinction That Matters

These terms get used interchangeably in everyday conversation, but California law treats them as separate offenses.

PC 240 — Assault: The attempt to commit violent injury.

PC 242 — Battery: The actual "willful and unlawful use of force or violence upon the person of another." Any offensive touching can qualify — it doesn't have to cause injury.

In many cases both charges are filed together. If someone allegedly swung and connected, prosecutors may file both PC 240 (the attempt) and PC 242 (the completed contact). That's where the informal phrase "assault and battery" comes from — it's really two separate charges being filed alongside each other.

Battery-related charges that come up in Nevada County:

• PC 242 — Simple battery. Misdemeanor. 
• PC 243(b) — Battery on a peace officer. Enhanced penalties.
• PC 243(d) — Battery causing serious bodily injury. Wobbler — can be filed as misdemeanor or felony.
• PC 243(e) — Domestic battery. Battery against a spouse, cohabitant, dating partner, or co-parent. Misdemeanor. See our domestic violence guide for more.

PC 240 vs. PC 245 — Simple vs. Deadly Weapon Assault

This is the other distinction that matters. PC 245 — assault with a deadly weapon or by means likely to produce great bodily injury — is a fundamentally more serious statute.

PC 245(a)(1): Assault with a deadly weapon or with force likely to produce great bodily injury. Wobbler — can be filed as either misdemeanor or felony.

PC 245(a)(3): Assault with a machine gun. Felony.

PC 245(b): Assault with a semi-automatic firearm. Felony.

PC 245(c): Assault with a deadly weapon on a peace officer or firefighter. Felony.

The key difference: PC 240 is the attempted-force statute for cases without a weapon or GBI-level force. When a weapon is involved, or when the force used was likely to cause great bodily injury, prosecutors typically file PC 245 instead of or in addition to PC 240.

PC 241 — Simple Assault Penalties and Enhancements

PC 241 sets the actual sentence for PC 240. The base misdemeanor penalty is:

• Up to 6 months in county jail
• Fine of up to $1,000
• Informal (summary) probation
• Anger management or counseling
• Community service
• Restitution to any victim

But PC 241 also creates enhanced penalties when the alleged victim was in a protected class — even if the conduct itself was the same. Enhanced penalties (up to 1 year in county jail, fine up to $2,000) apply when the alleged victim was:

• A peace officer, firefighter, EMT, or paramedic engaged in duties
• A traffic officer, animal control officer, or code enforcement officer
• A lifeguard, process server, or search and rescue member
• A doctor or nurse providing emergency medical care
• A juror or judicial official
• A school employee on school grounds
• A public transit worker
• A member of the U.S. Armed Forces in uniform

If the accused knew or reasonably should have known the person was in a protected class, the enhancement can apply. This is why an argument at a hospital, a shove during a traffic stop, or a confrontation with a bus driver can turn into more than a routine misdemeanor.

How Bail Works for PC 240 Charges in Nevada County

Under the Nevada County Bail Schedule, the presumptive bail for a straight PC 240 simple assault is $2,000. When the case involves a protected-class victim or additional charges, the numbers change.

Presumptive bail amounts for assault and battery charges:

Enhancements that stack on top of base bail:

• On misdemeanor probation: add $2,500
• On felony probation: add $5,000
• One prior serious or violent felony conviction (strike): add $25,000
• Two or more strike priors: add $150,000

How multiple charges work under the schedule: If someone is booked for multiple offenses that happened on the same date, total bail is capped at double the amount of the offense with the highest bail — not the sum of everything. If offenses happened on separate dates, bail is cumulative.

At the 10% bail bond premium:

• $2,000 bail = $200 premium
• $5,000 bail = $500 premium
• $25,000 bail = $2,500 premium
• $50,000 bail = $5,000 premium

One more factor. California Penal Code 1275 requires the court to consider public safety when setting bail. If someone appears dangerous, the presumptive schedule amount can be increased by a magistrate before release is offered.

What Happens After a PC 240 Arrest

Booking. The accused is taken to the Nevada County Jail (Wayne Brown Correctional Facility) and processed — fingerprinted, photographed, personal property inventoried.

Bail determination. Bail is set based on the Nevada County bail schedule or a judge's specific review. For simple assault without enhancements, own recognizance release is common.

Arraignment. The first court appearance where charges are formally read. This usually happens within a few days of booking.

Possible protective orders. Depending on the circumstances, the court may issue a stay-away order or protective order — sometimes even in non-DV cases if the alleged victim is identifiable.

Continued case progression. Motions, discovery, plea negotiations, or trial preparation, depending on how the case develops.

Long-Term Consequences of a PC 240 Conviction

Even a misdemeanor assault conviction affects more than most people expect.

Criminal record. Permanent unless expunged under PC 1203.4. Some employers see convictions even after expungement.

Firearm restrictions. A misdemeanor PC 240 conviction generally doesn't trigger the federal felon-in-possession prohibition — but PC 240 with certain enhancements, or PC 240 combined with a DV-related charge, can trigger the federal Lautenberg Amendment lifetime firearm ban.

Immigration consequences. For non-citizens, some assault convictions can qualify as "crimes involving moral turpitude" under federal immigration law, potentially affecting visas, green card renewals, or naturalization. Talk to an immigration attorney if this applies.

Professional licenses. Nursing, teaching, healthcare, and licensed security professions all review assault convictions. Even misdemeanors can trigger license board scrutiny.

Enhanced sentencing on future charges. A prior assault conviction can be used to increase penalties on any future violent offense charges.

Restraining orders. Even without a formal DV finding, a PC 240 case can support a related civil restraining order petition.

Employment. Background checks catch misdemeanor convictions. Some employers screen especially for violence-related offenses.

What to Do First If a Loved One Is Arrested

Call us. (530) 265-0535, day or night. We'll verify the booking, confirm the charges (whether it's PC 240 alone or with additional charges like PC 242, PC 245, or PC 243(e)(1) matters a lot), and start the bond process if bail is required.

Hire a criminal defense attorney. Even for misdemeanor charges, having an attorney early can affect how the case is filed and negotiated. Ask us for referrals if you don't have one.

Don't discuss the incident with anyone but your attorney. Statements to police, to the alleged victim, or on social media can all end up in the case.

Understand any protective or stay-away orders. If the court issues one, follow it exactly. Violating even an informal stay-away order can create new charges.

Document what happened. Names of witnesses, timeline of events, any injuries on either side, any texts or communications leading up to the incident. Memories fade quickly.

Address immigration or license exposure early. If the accused holds a professional license or is a non-citizen, notify your defense attorney immediately. Some situations require self-reporting or coordinated defense strategy.

FAQ

Is PC 240 a felony?
No. PC 240 is a misdemeanor. However, related charges like PC 245 (assault with a deadly weapon) can be filed as felonies, and PC 240 with certain enhancements under PC 241 carries higher misdemeanor penalties.

Can I be charged with assault if I never touched anyone?
Yes. PC 240 requires only an attempt at violent injury with the present ability to carry it out. Actual contact is not required.

What's the difference between assault and battery?
Assault (PC 240) is the attempt. Battery (PC 242) is actual physical contact or use of force. Both can be filed together in the same case.

Will a PC 240 conviction affect my gun rights?
A standalone misdemeanor PC 240 conviction generally does not trigger the federal firearm prohibition. But if the charge is combined with a DV-related conviction, or if certain PC 241 enhancements apply, firearm rights can be affected. Talk to an attorney about your specific situation.

Can PC 240 be expunged?
Yes, in most cases. After completing probation and complying with sentence conditions, you may petition for expungement under PC 1203.4. Some employers can still see the record after expungement.

Does self-defense work as a defense?
Yes, when it applies. California allows reasonable force to protect yourself or another person from imminent harm. Your attorney will assess whether the facts support this defense.

What if the alleged victim doesn't want to press charges?
The decision to file charges belongs to the prosecutor, not the alleged victim. A prosecutor can pursue a case even if the alleged victim doesn't cooperate — though victim cooperation often matters in how the case is resolved.

Can I still travel while my case is pending?
Usually yes for domestic travel, but bail conditions and any protective orders may restrict where you can go. International travel is often restricted while a case is pending — ask your attorney.

How We Help

Bail House Bail Bonds has been serving Nevada County families for over 50 years. Assault arrests often happen during the worst moments of a day — after an argument, a bad interaction, or a situation that got out of hand. We approach every call with discretion.

When you call us about a PC 240 arrest:

• A real person answers, 24 hours a day. No phone trees.
• We confirm the exact charges quickly. Whether it's PC 240 alone, PC 240 plus PC 242, or upgraded to PC 245 or PC 243(e)(1) matters for bail and for planning.
• We explain everything in plain language. No jargon.
• We handle everything by phone. You focus on the situation, we handle the paperwork.
• We can refer you to defense attorneys experienced with assault cases, DV cases, and PC 245 cases when needed.
• No judgment. We've helped families through every kind of allegation. We're not here to weigh in on what happened.

If you're in the middle of this right now, the only thing you need to do is call (530) 265-0535. We'll take it from there.

For related reading:

• Domestic Violence Charges and Bail Bonds in Nevada County — when the alleged incident involves a spouse, partner, or family member
• How Does Bail Work in California? — general bail process
• How to Help a Loved One Arrested in California — family guide
• Misdemeanor vs. Felony in California — general reference