PC 240 misdemeanor
Clearing an assault conviction
Two very different charges share the word assault in California, and which one you have decides almost everything about what is possible.
What makes this charge different
- Simple assault requires no contact at all — an attempt is enough — so many of these convictions involve no injury
- Assault with a deadly weapon is a wobbler, and as a felony it may be a serious felony excluded from automatic relief
- Assault on a peace officer carries its own enhanced treatment
What this charge is
Penal Code 240 defines assault as an unlawful attempt, with the present ability, to commit a violent injury on someone. No contact is required — that is battery. Section 245 is the aggravated version: assault with a deadly weapon, or by means likely to produce great bodily injury.
Felony or misdemeanour?
Simple assault is a misdemeanour. Assault with a deadly weapon is a wobbler, and a felony conviction under it may be a serious felony, which has consequences well beyond this petition.
Which relief applies
A simple assault with completed probation is a clean 1203.4 petition. A felony under section 245 needs the records in front of someone: whether it is reducible, whether it counts as a serious felony, and how the sentence was served all change the answer.
The thing to watch out for
Serious felony status. A serious felony is excluded from automatic relief entirely and makes the court's discretion harder to move. It also has consequences for sentencing on any future case that no dismissal removes.
The law that applies
- Expungement (PC 1203.4) — The court lets you withdraw your plea or sets aside the verdict, then dismisses the case, which releases you from most of the penalties of the conviction.
- Felony reduced to misdemeanour (PC 17(b)) — For an offence that could have been charged as either a felony or a misdemeanour — a wobbler — the court can declare it a misdemeanour for all purposes.
Our flat fee for a case like this is $599, all in, with the court filing fee included. What that covers.
Common questions
Nobody was touched. Why is it assault?
Because California assault is the attempt, not the contact. That is also useful context when a court is exercising discretion.
Can assault with a deadly weapon be reduced?
It is a wobbler, so a reduction may be possible. Whether a court will grant it depends heavily on the facts and on what you have done since.
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.