[The People are not required to prove that the defendant actually
The People are not required to prove that the defendant actually
intended to use force against someone when (he/she) acted.
No one needs to actually have been injured by 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].
[Voluntary intoxication is not a defense to assault.]
Aschool employee is any person employed as a permanent or
probationary certiﬁcated or classiﬁed employee of a school district on a
part-time or full-time basis, including a substitute teacher, student
teacher, or school board member.
[It is not a defense that an assault took place off campus or outside of
New January 2006; Revised March 2017
The court has a sua sponte duty to give an instruction deﬁning the elements of the
If there is sufficient evidence of self-defense or defense of another, the court has a
sua sponte duty to instruct on the defense. Give bracketed element 7 and any
appropriate defense instructions. (See CALCRIM Nos. 3470–3477.)
If the sole motivation alleged for the assault is retaliation, do not give CALCRIM
No. 370, Motive, do not give the bracketed clause in element 5, and give only the
second option in element 6. (See People v. Valenti (2016) 243 Cal.App.4th 1140,
1165 [197 Cal.Rptr.3d 317]; People v. Maurer (1995) 32 Cal.App.4th 1121,
1126–1127 [38 Cal.Rptr.2d 335].)
Do not give an attempt instruction in conjunction with this instruction. There is no
crime of “attempted assault” in California. (In re James M. (1973) 9 Cal.3d 517,
519 [108 Cal.Rptr. 89, 510 P.2d 33].)
• Elements. Pen. Code, §§ 240, 241.6.
•Willful Deﬁned. Pen. Code, § 7, subd. 1; People v. Lara (1996) 44
Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].
• Mental State for Assault. People v. Williams (2001) 26 Cal.4th 779, 790 [111
Cal.Rptr.2d 114, 29 P.3d 197].
CALCRIM No. 904 ASSAULTIVE AND BATTERY CRIMES