Los Angeles Assault Attorney
California Penal Code § 240
Under California law, a person commits assault when he /she threatens to harm someone else. According to the law, you do not need to hurt someone to face an assault conviction.
Assault charges include:
- Simple assault (no physical contact needs to be made)
- Aggravated assault
- Assault with a deadly weapon
- Sexual assault
In fact, the police can arrest you for assault even if you did not touch the alleged victim. This makes it very easy for law enforcement to make false assault accusations.
Facing assault crime charges in Los Angeles? Contact us today at 888-860-0643 for a free consultation.
Definition of “Assault”
Assault is not always a violent crime. Prosecutors only need to demonstrate that you committed an act that would probably lead to a physical attack.
The fundamental characteristics of assault are:
- The defendant attempted to commit a forceful act
- The defendant had the ability to commit the alleged forceful act
An example of an assault is if you were in a heated argument with someone and threw an object in their direction. This may be considered an assault.
Penalties may include up to six months in county jail, a fine of up to $1,000, and even restitution to the victim for any damages incurred.
Aggravated Assault Penalties
An assault may be charged as aggravated assault if there are serious circumstances involved, such as if a deadly weapon, if the victim was part of a protected class, or of the assault contained a harmful chemical. These actions will entail elevated charges and harsher penalties.
Some of the penalties for aggravated assault can include:
- Imprisonment in the state prison for two, three, or four years.
- Fine ($10,000)
- Victim Restitution
- Community Service
- Anger Management Classes
- Informal Probation
Lastly, assault with a deadly weapon or assault likely to produce great bodily injury involves assaulting someone with a deadly weapon or by means likely to produce great bodily injury. Penalties can range from two to four years in state prison for a simple assault with a deadly weapon charge, and up to four to six years for assault likely to produce great bodily injury.
Is Assault a Misdemeanor or a Felony?
Simple assault is a misdemeanor; aggravated assault can be a felony. Aggravated assault (Assault with a Deadly Weapon) is a “wobbler.” It can be charged as a felony or a misdemeanor, depending on the circumstances surrounding the crime. These factors include the type of weapon, the victim’s injuries (if any), and if the victim was a “protected individual.” Officers, firefighters, etc. are protected.
Aggravated assault must involve a weapon, but the legal definition of “weapon” is very broad. Any potentially dangerous object – such as a broken bottle, a car, or a sharp pencil – is a deadly weapon if someone threatens to harm another person with it.
What is the Difference Between Assault & Battery?
While assault and battery are used interchangeably, they are actually two separate offenses in California. As we mentioned earlier, assault involves the threat or attempt to harm someone physically, rather than physical contact.
On the other hand, battery involves the actual physical contact or harmful touching of another person without their consent. This contact can be intentional or reckless. It includes actions such as punching, kicking, slapping, or any other form of physical violence.
How We Can Help
At Lessem, Newstat & Tooson, LLP, we can provide crucial assistance to individuals facing assault charges in California. Here’s how our firm can help:
- Legal Representation: We will serve as your legal advocates throughout the entire legal process. We will ensure that your rights are protected at every stage of the proceedings, from the initial arrest through to trial, if necessary.
- Case Evaluation: Our team = will thoroughly review the details of your case, including any evidence against you and the circumstances surrounding the alleged assault. This allows us to develop a comprehensive understanding of the situation and determine the best defense strategy moving forward.
- Defense Strategy: Based on our evaluation of your case, we will devise a tailored defense strategy aimed at achieving the most favorable outcome possible. This may involve challenging the evidence presented by the prosecution, identifying any legal defenses available to you, and negotiating with the prosecution for a reduction in charges or a favorable plea bargain.
- Court Representation: We will represent you in court proceedings, including arraignment, pre-trial motions, hearings, and, if necessary, trial. Our experienced attorneys are skilled litigators who will vigorously advocate on your behalf in front of judges and juries.
- Negotiations and Plea Bargaining: Our Los Angeles assault defense lawyers will engage in negotiations with the prosecution to seek a resolution that minimizes the potential consequences of your assault charges. This may involve negotiating for a reduction in charges, a diversion program, or alternative sentencing options.
- Sentencing Advocacy: If you are convicted of assault, we will advocate for the most lenient sentencing possible. This may involve presenting mitigating factors to the court and arguing for alternatives to incarceration, such as probation, community service, or counseling.
If you’ve been charged with assault, contact an assault defense lawyer in Los Angeles at our firm for immediate representation.
