Someone acts maliciously when he or she intentionally does a wrongful
act or when he or she acts with the unlawful intent to annoy or injure
The terms application of force and apply force mean to touch in a
harmful or offensive manner. The slightest touching can be enough if it
is done in a rude or angry way. Making contact with another person,
including through his or her clothing, is enough. The touching does not
have to cause pain or injury of any kind.
[The touching can be done indirectly by causing an object [or someone
else] to touch the other person.]
[The People are not required to prove that the defendant actually
No one needs to actually have been injured by the defendant’s act. But
if someone was injured, you may consider that fact, along with all the
other evidence, in deciding whether the defendant committed an
assault[, and if so, what kind of assault it was].
[A disﬁguring injury may be permanent even if it can be repaired by
New January 2006; Revised April 2010
The court has a sua sponte duty to give this instruction deﬁning the elements of
Do not use this instruction if defendant is charged with having committed this
crime during the commission of a ﬁrst degree burglary. Use CALCRIM No. 890,
Assault With Intent to Commit Speciﬁed Crimes [While Committing First Degree
Depending on the evidence, select the appropriate elements of mayhem. (See
People v. May (1989) 213 Cal.App.3d 118, 129 [261 Cal.Rptr. 502] [in context of
assault to commit rape].) See generally CALCRIM No. 801, Mayhem.
The last bracketed sentence may be given on request if there is evidence of a
disﬁguring injury that may be repaired by medical procedures. (See People v. Hill
(1994) 23 Cal.App.4th 1566, 1574–1575 [28 Cal.Rptr.2d 783] [not error to instruct
that injury may be permanent even though cosmetic repair may be medically
CALCRIM No. 915, Simple Assault.
• Elements. Pen. Code, § 220.
CALCRIM No. 891 ASSAULTIVE AND BATTERY CRIMES