Agresión

Here are the key elements that define simple assault under Penal Code 242 PC:

1. Use of force or violent act: For simple assault to be established, the defendant must have used physical force or committed a violent act against another person. This may include hitting, pushing, kicking, scratching, or any other act involving non-consensual physical contact.
2. Lack of consent: It is essential that the victim did not consent to the physical contact in question. If the person assaulted gave their full and voluntary consent to the contact, the crime of assault may not be established.
3. Absence of serious injury: Simple assault does not involve serious injury or significant bodily harm. If the injuries are serious, the crime could be classified as a more serious assault or another related offense.

Penalties for simple assault in California can vary, but generally include penalties such as fines, probation, and/or jail time, depending on the severity of the assault and the circumstances of the case. Additionally, assault convictions may have additional consequences, such as requiring the victim to attend anger management classes or paying restitution.

It's important to note that laws and penalties vary by state and are subject to change. If someone is facing assault charges in California, it's critical to consult with a defense attorney experienced in California criminal law to understand their rights, defense options, and potential legal consequences.