Third-degree assault is generally considered the least severe form of assault. Many areas define third-degree as recklessly inflicting fear of an injury on another person. Assault refers to the crime of attempting to touch another person in an offensive or harmful way.
Note that, in California, you do not actually have to touch someone else to face these charges. Additionally, some states use different “degrees” of assault. Let’s examine what third-degree assault is and how a criminal defense lawyer in Los Angeles can help if you are charged with this type of crime.
Basic Charges in Los Angeles
Penal Code §240 is used to handle “basic” assault charges. These charges usually deal with the attempted use of force to injure or offend another person.
Individuals can face this charge even if they do not hurt anyone. Note that you have to act “willingly” to face assault charges in the state of California. This means that accidentally applying force to another person would not lead to a conviction.
Basic assault charges are treated as a misdemeanor offense in Los Angeles. Convictions can lead to:
- Fines of up to $1,000
- Up to six months in jail
If you’ve been charged or arrested for this crime, a Los Angeles violent crimes lawyer can protect your rights, work to have your charges reduced to a lesser crime, or have the charges dismissed entirely.
For a free legal consultation, call (310) 896-2723
Charges Involving Law Enforcement Personnel
The state of California uses harsher penalties for individuals accused of assaulting law enforcement personnel. This includes police officers, traffic officers, EMTs, and firefighters. It also covers less obvious individuals, such as:
- Lifeguards
- Animal control officers
- Doctors and nurses offering emergency medical treatment
Assaulting any of these individuals while they are performing their duties will result in harsher penalties. For example, a conviction could result in fines of up to $2,000 and jail time of up to one year.
Wobbler Charges in California
Some charges are treated as “wobblers.” Wobblers are prosecuted as either misdemeanors or felonies based on the facts of the case. The following charges are all examples of wobbler allegations in California:
- Assault with a deadly weapon
- Assault on a public official
- Assault with caustic chemicals
Note that the above is not a comprehensive list of charges treated as wobblers in Los Angeles. Individuals convicted of a felony can end up facing prison time inside of jail time. Generally, felony convictions result in up to three years in prison.
A felony conviction will also have long-lasting effects on an individual’s life. Felons are not permitted to own or buy firearms in California, for example. This applies to individuals convicted of felony assault as well as other violent crimes.
You need an experienced attorney who understands defenses in assault cases to make informed decisions and protect your legal rights. Our skilled lawyers can help you build an aggressive defense strategy so you can have the best chance of avoiding criminal consequences.
Find Out How Assault Differs from Battery
Many people in California associate assault and battery charges. However, it is not the same as battery. Battery occurs if someone touches another person in a harmful or offensive way and causes physical injury or bodily harm.
Battery is also considered a violent crime in California. The severity of the charge frequently depends upon the injuries caused by an act of battery. Fines and incarceration are the common penalties for a battery conviction.
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How Our Defense Attorneys Can Assist You
If you face charges in Los Angeles, having one of our seasoned criminal defense lawyers representing you is invaluable. We take a systematic approach to build a strong defense on your behalf.
Our criminal defense lawyers in Los Angeles conduct an in-depth independent investigation to uncover any deficiencies or inconsistencies in the prosecution’s case against you.
- We meticulously analyze all evidence, question the credibility of witness accounts, and examine whether proper procedures were followed during your arrest to identify any potential violations of your rights.
- We craft defense strategies specifically aimed at getting your charges reduced or dismissed entirely.
- We can also negotiate with prosecutors to pursue the most favorable resolution possible. We advocate to avoid a conviction and the harsh penalties that could follow.
Talk to a Lawyer About Third-Degree Assault Now
Even more minor violations can carry serious legal consequences if convicted. Simple assault charges are typically prosecuted as misdemeanors, but they can still result in up to 6 months in county jail, fines up to $1,000, probation, and a permanent criminal record.
An aggressive defense is crucial to avoid these penalties that can severely impact your life, future employment prospects, and more.
The Simmrin Law Group can scrutinize all evidence and circumstances to raise doubts and work towards getting charges reduced or dismissed entirely. Contact us today for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form