Everything You Need to Know About Fighting Assault Charges in California
Assault in California can be charged as a misdemeanor or felony with various penalties, so knowing how to defend oneself is very important. Here’s everything you need to know about fighting assault charges in California.
There are a few key defenses and circumstances that can lead to a successfully defended case when fighting assault charges in California. However, having an experienced lawyer’s guidance is perhaps the most important aspect to consider.
Common Defenses Against Assault Charges
California’s Penal Code 240 defines assault as “an unlawful attempt to commit a violent injury upon another person”. This can be classified more seriously as aggravated assault in cases where the intent to commit serious bodily harm is present. The important thing to understand about assault is that it centers around intention, unlike battery which concerns actually-committed violence.
Related: Sexual Assault vs Sexual Harassment in California
The first common defense against an assault charge is arguing the inability to commit violent injury at the time of the incident. Someone may have threatened serious violent behavior, but if they lacked the means, the threat must have been empty.
Another go-to defense is the self-defense argument. It can also be extended to include the defense of others. If the alleged victim was acting in a threatening manner, the self-defense argument can be a useful tool for achieving an innocent verdict.
The final defense commonly used in assault cases is to challenge the notion that an assault even occurred. This could take the form of claiming the prosecution is making a false accusation or alternatively that any harm committed was accidental.
Assault vs. Aggravated Assault
Aggravated assault is just a more serious form of assault. Usually, this reflects a wanton disregard for the life of the victim and the intent to commit serious bodily harm. The distinction is important to note because it bears large consequences for sentencing.
Potential penalties for assault include up to 6 months in county jail and a $1000 fine for each count of assault.
While assault is a misdemeanor in California, aggravated assault can be charged as either a misdemeanor or a felony with penalties being more extensive. A misdemeanor conviction includes the following penalties:
- Probation
- A jail sentence of up to one year
- Up to $10,000 in fines
- Restitution
- Confiscation of the weapon
- Possible community service and/or a mandatory anger management course
Related: Types of Sexual Harassment in California
A felony conviction is similar, however in felony cases, jail time is carried out in state prison instead. A felony assault conviction will also count as a strike under California’s Three Strikes Law which imposes a minimum sentence of 25 years after three felony convictions.
FAQs About How to Fight Assault Charges in California
What else can an assault conviction mean for me?
Besides the standard penalties listed above, an assault conviction can result in loss of child custody, loss of the right to own a firearm, job loss, and a permanent record affecting employment opportunities among other things.
What about assault with a deadly weapon?
Usage of a weapon can lead to more serious penalties and increase the likelihood of aggravated assault charges as well. Many things have been argued as deadly weapons before, including cars and frying pans, but this classification can be challenged by the defense depending on case circumstances.
What about cases of assault against a police officer?
These cases are also treated as more severe and come with a higher frequency of false accusations. Such cases would be defended in the same ways as assault and aggravated assault. However, arguing ignorance to the fact that the victim was an officer is an important facet of reducing charges to simple assault.
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