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Assault With Physical Injury In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000298
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FAQ
“Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
Physical assault is when an individual or a group attacks a person physically, with or without the use of a weapon, or threatens to hurt that person. It can include scratching, pushing, kicking, punching, throwing things, using weapons or physically restraining another person.
Under California Penal Code 240, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury to another person. Notably, this definition does not require actual physical contact.
In order to be charged with assault, you must act willfully and with the intent of applying force on another person — even if that force is simply unlawful touching. There are any number of reasons why this situation may occur, or why your actions may be misinterpreted by the alleged victim.
Under California Penal Code Section 243(d) PC, it is illegal to commit any battery that causes serious bodily injury to another. This offense is also referred to as aggravated battery.
Assault is defined in Penal Code 240 PC as follows: “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
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Call 9-1-1 if the missing person is a child under the age of 12 or if the person is missing under suspicious circumstances. Otherwise, call 619-531-2000 to report a missing person.
Go to the National Missing and Unidentified Persons System and upload information about your loved one. This powerful resource will help you, law enforcement, medical examiners and other members of the justice community enter data about the person who is missing.
A: If you're a victim in California, you don't have any say in whether someone is charged with assault. In the United States, the district attorney makes that decision. After a crime is reported, he or she will make up their mind whether or not to pursue the case, regardless of the victim's wishes.