If you have been accused of assault, you probably have a lot of questions and even more concerns. Jail time is a real possibility, and it might seem like your future is suddenly in jeopardy. Comprehending the charges you are facing and what to do next can be daunting.
An Alhambra assault lawyer can help you understand your rights under California law and choose the best path forward. We will fight on your behalf and work toward the best possible outcome so you can put this nightmare behind you.
At Simmrin Law Group, we have decades of legal experience. Our Alhambra criminal defense lawyers are ready to start building your defense. Contact us today for a free case evaluation, and tell us your story.
Understanding Assault
When you are charged with a serious offense, it is important to understand the terminology associated with the crimes you allegedly committed. Assault, in particular, is misunderstood by many people,
Your Alhambra assault attorney can help you sort through your charges and make sense of them. We can then begin to put together a strategy based on the facts and evidence surrounding your case.
Simple Assault
California Penal Code § 240 gives us a definition of assault, which is the unlawful attempt, coupled with a present ability, to commit a violent injury to another person. Note the term attempt. You don’t actually need to inflict injury on someone to be charged with assault.
Examples of simple assault in California include:
- Throwing a punch at someone, even if you miss
- Throwing an object at some
- Spitting at someone
In California, simple assault is considered a misdemeanor, with penalties of six months in jail and/or a $1,000 fine.
Aggravated Assault
Simple assault turns into aggravated assault with the escalation of the potential harm to the victim. This may mean a weapon was involved, the victim is within certain protected classes, or some domestic violence cases.
Examples of aggravated assault in California include:
- Robbing someone at gunpoint
- Assaulting a police officer
- Attempted murder
Aggravated assault is considered a wobbler offense, which means it could be charged as a felony or misdemeanor, depending on severity. In the most serious cases, felony aggravated assault can mean long-term prison sentences of a decade or more.
Battery
Battery is a term often used in conjunction with assault, and you may be charged with both. Where assault is the attempt to commit violent injury to another person, California Penal Code § 242 defines battery as the intentional and unlawful use of force or violence against another person.
Examples of batteries include:
- Punching someone
- Hitting another person with an object
- Touching someone against their wishes
While simple battery is often a misdemeanor, serious injuries or the use of a weapon can escalate criminal repercussions. Your Alhambra assault attorney can help you better understand battery if it is included in your charges.
For a free legal consultation with an assault lawyer serving Alhambra, call (310) 896-2723
Defenses Against Assault
There are plenty of ways to fight an assault accusation. Some things to think about include:
- Self–defense: Were your actions committed because you believed you were under threat or danger and trying to defend yourself?
- Defense of others: Did you believe the victim of your alleged assault had intentions of harming another person if you had not intervened?
- Consent: At the time, did you believe the interaction took place with the full consent of the other party?
- Lack of intent: Did you act without intent to inflict injury, or did you make a mistake?
- False accusation: Are you blamed for something you didn’t do, either because the victim is mistaken or they are intentionally twisting the truth?
- Alibi: Were you somewhere else at the time the assault took place, and can you prove your whereabouts to show it wasn’t you?
Your assault lawyer in Alhambra will review your case and determine the best path forward. You can help by considering possible defenses and how they fit into your story.
Alhambra Assault Lawyer Near Me (310) 896-2723
How an Alhambra Assault Lawyer Can Help
If you have been charged with assault in California, you will face a prosecutor who will do their best to show you committed the crime, even if you didn’t. It is their job to put criminals behind bars, but sometimes they make mistakes.
We will work to ensure that the quest for justice doesn’t trod over your civil rights. While every case is different, here are some of the benefits of hiring an assault lawyer.
Offer Legal Advice
We will explain the charges and give you the best advice on how to proceed with your case, how to plead, and what to expect. Our recommendations are intended to get you the best possible outcome given the circumstances, but the decisions are always up to you.
Investigate Your Case
We will conduct a thorough investigation of the incident that led to your charge. To understand the events, we may review police reports, speak to witnesses, and review security footage. This can help us put together a smart defense.
Resolve Your Case
We may negotiate with the prosecutor to reduce or alter charges or reach a plea deal on your behalf. Depending on the circumstances, we could also fight in court to show that you are not guilty of the charges and work for your acquittal.
Stand Up for Your Rights
As your lawyers, we are ethically bound to defend you to the best of our abilities. That means we are on your side throughout the process, fighting to protect your rights and ensure a fair process.
Click to contact our Alhambra Criminal Defense Lawyers today
Contact an Assault Lawyer in Alhambra
Violent crimes like assault are treated very seriously in California, and prosecutors often seek maximum penalties. You don’t want to take on this fight alone when losing could mean years in prison.
When you have an assault lawyer serving Alhambra in your corner, you have an ally who knows the law and will stand up for your civil rights. If you’ve been accused of a crime you didn’t commit, don’t take chances with your future.
Simmrin Law’s founding partner, Michael Simmrin, has tried over 100 jury trials. Our team is ready to fight for you, too. Contact us today and learn what we can do for you.
Call or text (310) 896-2723 or complete a Free Case Evaluation form