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Cal. Penal Code § 240 (2026)

✓ current as of May 2026
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An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Notes of Decisions
Cited in 297 cases (50 in the last 5 years), 1881–2026 · leading case: People v. Williams, 29 P.3d 197 (Cal. 2001).
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People v. Williams, 29 P.3d 197 (Cal. 2001). · cites it 6× “Based on the plain meaning of the statutory definition of assault—"an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another" (Pen.Code, § 240)—and on the 1872 code commissioners' note to Penal Code section 240 (code commrs.”
People v. Colantuono, 865 P.2d 704 (Cal. 1994). · cites it 10× “Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Donald E. de Nicola, Robert F. Katz and J. Robert Renner, Deputy Attorneys General, for Plaintiff and Respondent.”
People v. Chance, 189 P.3d 971 (Cal. 2008). · cites it 6× “Thompson, Deputy Attorneys General, for Plaintiff and Respondent. OPINION CORRIGAN, J. Here we consider the actus reus required for assault.”
People v. Brown, 245 Cal. App. 4th 140 (Cal. Ct. App. 2016). · cites it 4× “” (Pen. Code, § 240 (section 240).) An “assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur.”
United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009). · cites it 3× “The element of “assault” is defined in California Penal Code section 240 as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
People v. Hood, 462 P.2d 370 (Cal. 1969). · cites it 4× “Code, § 245), or even assault (Pen. Code, § 240), if the jury chose to believe his testimony that he had no intent to kill or injure anyone.”
People v. Gionis, 892 P.2d 1199 (Cal. 1995). · cites it 2× “(a)(1); Pen. Code, § 240), conspiracy to commit a trespass (Pen.”
People v. Wolcott, 665 P.2d 520 (Cal. 1983). · cites it 2× “Penal Code section 240 defines assault as "[a]n unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
People v. Wyatt, 229 P.3d 156 (Cal. 2010). · cites it 2× “In Williams, a majority of this court defined the mental state of the crime of assault (Pen. Code, § 240) as requiring only that the defendant have "actual knowledge of the facts sufficient to establish that the defendant's act by its nature will probably and directly result in…”
People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979). · cites it 2× “…dangerous weapon: Ala Code, tit 13A, §§ 13A-6-20 — 13A-6-23 (eff. June 1, 1979); Ark Stat Ann, §§ 41-1604 — 41-1607; Cal Penal Code, §§ 240, 245, 417; Conn Gen Stat Ann, §§ 53a-59, 53a-62; Del Code Ann, tit 11, §§ 602, 611-613; Iowa Code Ann, §§ 708.1, 708.2 (West, 1979…”
Vaughn v. Jonas, 191 P.2d 432 (Cal. 1948). · cites it 3× “Penal Code, section 240: "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Javier Arellano Hernandez v. Loretta E. Lynch, 831 F.3d 1127 (9th Cir. 2016). “In September 2009, a jury convicted him of three separate crimes: (1) attempted criminal threats, a felony in violation of California Penal Code sections 422 and 664; (2) simple assault, a misdemeanor in violation of California Penal Code section 240; and (3) false imprisonment,…”
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