California’s aggravated assault laws deal with a specific subset of violent crime charges. In many cases, aggravated assault laws involve the use of a weapon when assaulting someone else. These laws may also deal with assault on law enforcement personnel.
You can learn more about these laws with a Los Angeles assault lawyer. An attorney can also help you build a defense if the police accuse you of aggravated assault, since a conviction can have severe repercussions for your life.
What Is Aggravated Assault in California?
The legal system in California uses the term “aggravated assault” to describe several violent crime charges that resemble simple assault but have a higher level of severity.
Therefore, we first need to understand simple assault to understand aggravated assault. Simple assault involves any unlawful attempt to harm or touch another person. Individuals can face assault charges even if they do not succeed in touching or harming someone else.
Typically, the court will consider acts of assault that involve deadly weapons as aggravated. Acts of assault against specific groups of people also qualify as aggravated. A Los Angeles violent crimes lawyer can provide more information about these charges.
For a free legal consultation, call (310) 896-2723
What Are California’s Aggravated Assault Laws?
California has several laws that deal with aggravated assault. All of the following represent examples of aggravated assault laws in California:
Assault With a Deadly Weapon
Individuals can face charges under California Penal Code Section 245(a)(1): Assault With a Deadly Weapon if the police accuse them of assaulting someone with a deadly weapon. Any object that you could use to cause someone substantial harm or kill them could qualify as a deadly weapon.
Assault With a Firearm
California Penal Code Section 245(a)(2): Assault with a Firearm deals specifically with acts of assault that involve the use of a firearm. For example, individuals may face this charge if they try to shoot at someone with a shotgun or a revolver.
Assault by Means Likely to Produce Great Bodily Injury
The police may arrest someone under Penal Code 245(a)(4) PC | Assault by Means Likely to Produce Great Bodily Injury if they accuse someone of committing an assault and using force that could cause a great bodily injury.
Many types of wounds may qualify as a great bodily injury. For example, individuals who sustain a broken bone may face a great bodily injury.
Assault With Caustic Chemicals
California Penal Code Section 244: Assault With Caustic Chemicals makes it a crime to place or throw a flammable or caustic substance onto someone else if you intend to disfigure or harm the victim.
Any substance that can corrode or burn living tissue counts as a caustic chemical. Gasoline is a common example of a caustic chemical.
Assault on a School Employee
Individuals can face charges under Penal Code 245.5 PC | Assault on a School Employee if the police accuse them of assaulting any school employee with a firearm, taser, stun gun, or another deadly weapon.
Assault on a Police Officer
Finally, under California Penal Code Section 241: Assault on a Police Officer, individuals can
face aggravated assault charges for any act of assault that involves a police officer or another member of law enforcement.
California’s Laws on Aggravated Assault May Change
Over time, California may add or adjust the laws the court uses to prosecute aggravated assault. If you have questions about the current laws that could apply to your situation, you can reach out to a criminal defense law firm for professional answers.
Getting personalized support matters when dealing with these serious violent crime charges. No one has to try to handle an aggravated assault allegation alone.
Is Aggravated Assault a Felony in California?
The court system in California treats most aggravated assault as a “wobbler.” Wobblers can either result in misdemeanor or felony charges, based on the specifics of each case. The defendant does not get to decide how the court treats an aggravated assault charge.
Instead, the severity of the charge will depend on the specific laws violated and the prosecution. In cases involving wobblers, the prosecution will determine if the accused should face misdemeanor or felony allegations.
The prosecution may make this decision based on several factors, including the defendant’s past criminal record and the specific facts of the current crime. Typically, felony charges will have more serious consequences in the event of a conviction. However, both types of charges can severely impact the life of the accused for many years.
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What Are the Penalties for Aggravated Assault?
The repercussions for an aggravated assault conviction will vary depending on the specific charges an individual faces. However, in many cases, a conviction can result in:
- Fines and restitution payments to alleged victims
- Years of incarceration
- Time on probation
Individuals convicted of a misdemeanor may face up to one year in county jail, for example. Someone convicted of felony aggravated assault, on the other hand, could face up to four years in prison. Some of these charges could result in fines of up to $10,000.
You can discuss the specific penalties for different charges with your attorney.
Aggravated Assault Convictions and Immigration
Individuals convicted under California’s aggravated assault laws can face immigration consequences. Some courts in California have decided that felony charges for aggravated assault count as an “aggravated felony.”
The laws in our state say that non-citizens convicted of an aggravated felony can face deportation. The state can also mark such individuals as inadmissible. Therefore, a conviction for aggravated assault could block someone from immigrating to the country.
Aggravated Assault and Gun Rights
A conviction for aggravated assault in California can impact an individual’s gun rights. Typically, California does not allow convicted felons to possess or own a gun. Therefore, anyone convicted of a felony aggravated assault charge may lose their rights to own firearms.
Individuals found with firearms after a felony conviction for aggravated assault can face additional legal charges.
Defenses for Aggravated Assault Charges in California
You do not have to simply accept an aggravated assault accusation. Instead, you can hire a criminal defense lawyer to immediately build a solid defense after an arrest. An attorney can focus on the specifics of your situation and may take steps to:
Reduce the Charges You Face
In some circumstances, an attorney can handle aggravated assault charges by working with the prosecution to secure a plea bargain. Plea bargains will allow you to reduce the penalties you face by accepting guilt for a less serious offense.
However, plea bargaining does not represent the best choice for everyone accused of aggravated assault. In some cases, your attorney may advise you to pursue a different strategy after your arrest.
Get Your Aggravated Assault Charges Dismissed
Your attorney may push the court to dismiss an aggravated assault allegation in some cases. The court may only dismiss these charges if your lawyer can show that the prosecution has insufficient evidence to establish guilt without any doubt.
Additionally, sometimes the court will dismiss charges if a lawyer can show that the police violated a client’s rights at any point during the legal process.
Therefore, you must share all information about the actions of the police before, during, and after your arrest with your attorney.
Defend You in Court
An attorney can build a solid defense to aggravated assault charges on your behalf. The defenses used to handle these allegations will vary on a case-by-case basis. However, in some situations, a lawyer could argue that:
- You acted to defend yourself or someone else
- You injured someone by accident
- You had no intent to harm another person
Additionally, you can turn to a lawyer for help if someone falsely accuses you of any form of aggravated assault. Getting help immediately can help you navigate the legal system with confidence.
Can You Get Aggravated Assault Charges Expunged?
California allows the expungement of some criminal charges. Expungement will remove a criminal conviction from your record. Typically, you can only request expungement if your conviction only led to probation or time in county jail and you completed these penalties.
Generally, you cannot expunge any conviction that resulted in time in prison.
Therefore, you could have a chance to expunge some aggravated assault convictions, as long as you only faced misdemeanor allegations. However, your attorney will likely focus on handling these charges before the court makes a decision.
How an Attorney Can Help With California’s Aggravated Assault Charges
You can improve your chances of successfully resolving this type of violent crime allegation by reaching out to an attorney right away after an arrest. An attorney can assist with all of your legal needs, varying the services they provide based on your specific situation.
Your lawyer may need to:
Support You During Legal Questioning
You should not discuss aggravated assault allegations with the prosecution or police officers without your lawyer present. Members of the law enforcement community want to secure a conviction. They do not care about you and can use anything you say to build a case against you.
Fortunately, your lawyer can represent your best interests and protect you throughout all stages of the legal process.
Help at Your Arraignment Hearing
The court will explain the specific aggravated assault charges you face at an arraignment hearing. You will also have to enter your plea (guilty, not guilty, or no contest) at this hearing. An attorney will provide more in-depth information about what to expect and what you should say during this hearing.
Help at Your Bail Hearing (When Applicable)
In some cases, you may get a bail hearing after an arrest for some type of aggravated assault. The court will decide how much money you have to pay in bail to stay out of jail until your trial at this hearing.
An attorney can take all possible steps to reduce your bail payment, making it easier for you to avoid jail time before your trial.
You have a legal right to counsel, so make sure you get professional support quickly. Hiring an attorney can improve your chances of successfully resolving aggravated assault allegations.
Talk to Us About Aggravated Assault in California
Do you need to know more about aggravated assault laws in California? Our team at Simmrin Law Group can provide the answers, advice, and assistance you need. We’ve served clients like you for decades and can jumpstart your defense, so reach out now.
We believe in putting our clients first and providing dedicated support throughout all steps of the legal process. You can count on us to maintain open communication about your case, so you always know what to expect.
We’re waiting to assist 24/7, so you do not have to wait or try to handle legal hurdles alone. Contact us today so we can take charge.
Call or text (310) 896-2723 or complete a Free Case Evaluation form