Rep Power: 273

Thanks TMR... Looking the California Penal Code, here's a list of the possible jail time and penalties you face in Cali, it's similar pretty much everywhere else.

Assault (if it stays verbal)
CALIFORNIA CODES
PENAL CODE
SECTION 240-248




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



241. (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.
(b) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care outside a hospital, clinic, or other
health care facility, and the person committing the offense knows or
reasonably should know that the victim is a peace officer,
firefighter, emergency medical technician, mobile intensive care
paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care, the assault is punishable by a fine
not exceeding two thousand dollars ($2,000), or by imprisonment in
the county jail not exceeding one year, or by both the fine and
imprisonment.

241.2. (a) (1) When an assault is committed on school or park
property against any person, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.

Thats just for verbally threatening someone... Need I go on? OK....

Assault & Battery (if you threaten and then actually touch the person)

242. A battery is any willful and unlawful use of force or violence
upon the person of another.

243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.

(Note: The rest of the code listing is basically to take on another 6mo-1 year if the person is a peace officer, if you do it in a park, from a vehicle. etc)

Aggravated Assault & Battery (Pre-Planned, and posting on the internet is not a wise thing to do posing such a question)

in CA it's dependent on circumstance, e.g. if it's a teacher, peace officer, etc, it's "aggravated" other states charge it differently.


Assault & Battery with a Deadly Weapon (A Deadly weapon can be your shoes if you kick said person, on up to a gun)
245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.

(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.


Aggravated Assault & Battery with a Deadly Weapon

Again, depends on circumstance, in CA they throw the book at you for the full 5 years, no probation, etc. Using guns, it gets much worse, more quickly.

Aggravated Assault & Battety with intent to Maim or Kill (depends on how bad you kick their ***)

see above. Varies from state to state, but in CA this is basically charged as attempted murder, See below

Aggravated Assault & Battery with a Deadly Weapon with intent to Maim or Kill

Varies from state to state whether the da will go for intent. the attempted murder statute in CA is 15 years to life.


Mayhem (if you lose total control of yourself)

203. Every person who unlawfully and maliciously deprives a human
being of a member of his body, or disables, disfigures, or renders it
useless, or cuts or disables the tongue, or puts out an eye, or
slits the nose, ear, or lip, is guilty of mayhem.




204. Mayhem is punishable by imprisonment in the state prison for
two, four, or eight years.



205. A person is guilty of aggravated mayhem when he or she
unlawfully, under circumstances manifesting extreme indifference to
the physical or psychological well-being of another person,
intentionally causes permanent disability or disfigurement of another
human being or deprives a human being of a limb, organ, or member of
his or her body. For purposes of this section, it is not necessary
to prove an intent to kill. Aggravated mayhem is a felony punishable
by imprisonment in the state prison for life with the possibility of
parole.






Civil Lawsuits for Damages

In CA, don't even want to go there.

In short, if you are going to go kick some ***, be prepared to take it up the *** by your new cellmate, bubba. I've always found that fighting is the most ineffective way of solving a problem or letting someone know you are displeased. I'd find a way to make his life inconvenient enough to where he stopped messing with you once he found out that the sudden losses of hot water, the loud noise outside his windows, and the phone calls with no answer at 3 AM weren't gonna stop.

Besides, harassment like that is a misdemeanor unless you start going sexual on them, I believe. Cant' find the code section right now and I gotta go sleep.

Hope that convinces you not to kick the guys ***. find some other way of dealing with the problems. A flaming bag of dogshit on the doortep might be all he needs. Better yet, give his name to the local military recruiter. They never leave people alone.