An assault charge can mean jail time and expensive fines. Depending on what you are accused of, a conviction has the potential for repercussions that last years into the future. When it’s you against the justice system, it can feel like there is no way out.
You need an attorney who will stand up for your civil rights, ensure you are treated fairly, and fight for a fair outcome. An Anaheim assault lawyer can help when your future is on the line and you aren’t sure where to turn.
At Simmrin Law Group, we have decades of legal experience fighting for people just like you. Reach out to our team of Anaheim criminal defense lawyers and find out how we can help. Contact us today for a free case evaluation.
Do You Have to Hire an Anaheim Assault Attorney?
If you have been arrested for assault in California, you may wonder if it makes sense to hire an attorney. In almost all situations, a skilled criminal defense lawyer gives you an advantage over any public representation the court could offer.
An Anaheim assault attorney has the resources and the time to spend on your case. We also have the experience to take on the toughest cases. Attorney Michael Simmrin has tried over 100 jury trials in his career.
Don’t risk your future. Talk to an attorney about your case and give yourself the chance you deserve to beat your assault charges and move on with your life.
For a free legal consultation with an assault lawyer serving Anaheim, call (310) 896-2723
Definitions and Penalties for Assault in California
Penalties for assault in Anaheim can range from minor to very serious, depending on your charges. Under California Penal Code § 240, assault is defined as the unlawful attempt, coupled with a present ability, to commit a violent injury to another person.
If you are confused by your assault charge, this may be why. You don’t have to harm someone to be charged with assault. You don’t even need to make contact with them. You just need to have the intent and ability to cause harm and make an attempt.
Simple Assault
Under the most basic definition, many actions can be considered simple assaults in a certain light. When two parties see things differently, it can complicate matters and lead to unnecessary charges.
If you try to punch someone and miss, that’s obvious grounds for an assault charge. Less clear would be tossing an object to someone and expecting them to catch it. If they believe you intended to harm them instead, you may be charged with assault.
Simple assault is a misdemeanor that can result in six months in jail and a $1,000 fine. Because there is so much potential gray area surrounding the interpretation of your actions, you need a skilled attorney who knows the law and will fight for you.
Aggravated Assault
Aggravated assault follows similar criteria as simple assault but rises to a more serious level. This is often due to the use of a weapon, but it can also depend on who was assaulted and the extent of injuries.
In California, aggravated assault is a wobbler offense, meaning it can be charged either as a misdemeanor or a felony. Felony assault charges can mean fines of up to $10,000 and 12 years in prison.
Hiring an assault lawyer in Anaheim means you have an advocate who will ensure your charges are fair and your case proceeds with your presumption of innocence.
Battery
Battery is a charge that often accompanies assault. Where assault is the intent to cause harm to another person, battery is intentional and unlawful physical contact with another person. This could mean punching them, or it could mean touching them in unwanted ways.
Battery carries a minimum penalty of up to six months in jail and $1,000. Various types of battery, such as aggravated battery, child abuse, domestic battery, and battery against a peace officer, can have more serious consequences.
An experienced criminal defense attorney can help you understand your charges and put together a smart defense.
Anaheim Assault Lawyer Near Me (310) 896-2723
Potential Defenses Against Assault Charges
Your attorney will conduct a thorough investigation to determine what happened during the event that led to your charges. We may review police reports, speak with witnesses, and examine security camera footage if it is available.
Based on what we learned, we can advise you on the best course of action regarding how you should plead during your arraignment. If we agree that you should fight the charges, we can consider a range of potential defenses. Some examples include:
- Self–defense: You committed your actions because you believed the other person intended to harm you in some way.
- Defense of others: You believed the person intended harm to another person, and your interventions stopped them.
- Lack of intent: You had no intention of harming the other person. The intent is a key component in the assault.
- Consent: Touching or interacting with the other person took place, as far as you know, under a consensual agreement.
- Baseless accusations: The other person is accusing you of a crime you didn’t commit, either because of mistaken identity or because they have nefarious intentions.
- You have an alibi: Ideally, if you can prove you were somewhere else at the time of the alleged assault, that shows you couldn’t have done it.
- Lack of evidence: The prosecution must present evidence or witnesses that prove you committed the acts they claim you did or risk their case being thrown out.
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Contact an Assault Lawyer in Anaheim
The legal process usually works as it should. However, sometimes, innocent people get caught up in situations that have gotten out of control. Overzealous prosecutors can ruin lives when they overcharge people or pin crimes on the wrong individuals.
When you end up on the wrong end of the justice system, an assault lawyer in Anaheim can help you understand your rights and fight back. Don’t play games with your future. With the right lawyer in your corner, you can put this behind you.
Since 2005, the team at Simmrin Law Group has helped thousands of clients. Contact us today for a free case evaluation to learn how we can help you, too.
Call or text (310) 896-2723 or complete a Free Case Evaluation form