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Penal Code Section 240

California Penal Code Section 240 provides:

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. [Enacted 1872]

A conviction for having violated California Penal Code Section 240 is ordinarily punished pursuant to California Penal Code Section 241, which provides:

(a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

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