Felonious assault is a serious criminal offense that involves an unlawful attack or attempted harm against another person, often with a deadly weapon or with the intent to cause bodily harm. Unlike simple assault, this charge typically involves a dangerous weapon or even an object like broken glass that could cause severe injury.
The severity of the charges depends on factors such as the presence of a weapon, the extent of physical injury, and whether the victim was a law enforcement officer, school employee, or another protected individual. A Los Angeles criminal defense lawyer can help you understand the legal definition, potential penalties, and legal defense options for individuals accused of this criminal offense.
What Is Felonious Assault Under the Law?
Felonious assault is a criminal offense that involves either an attempt to harm or an actual attack on another person using a deadly weapon or under conditions that create a substantial risk of bodily injury.
Unlike simple assault, which may involve minor threats or physical contact, felonious assault is treated as a serious charge due to the presence of a dangerous weapon or the potential for severe injury.
Use of a Deadly Weapon or Dangerous Object
One key factor in a felonious assault charge is the involvement of a deadly weapon. Weapons commonly linked to this offense include firearms, knives, and even substances such as chemicals or dangerous ordnance that can inflict bodily harm. Under California law, someone can be charged with assault with a deadly weapon, even if there are no firearms involved.
Intent and Ability to Cause Harm
For an act to be considered felonious assault, the accused must have demonstrated intent to harm another person. This means that there must have been a deliberate act or threat that a reasonable person would perceive as putting them in immediate danger.
A person can face felonious assault charges even if no physical injury occurs, as long as there was an attempt of harm that caused a victim to experience reasonable apprehension of violence.
In cases where the offense is classified as a first-degree felony or second-degree felony, individuals may face mandatory prison terms, significant fines, and long-term consequences. A Los Angeles assault lawyer can explain how a felonious assault conviction may impact a person’s legal rights, employment opportunities, and personal life for years to come.
For a free legal consultation, call (310) 896-2723
Felonious Assault Penalties and Long-Term Consequences
Felonious assault carries serious consequences, many of which can impact a person’s life long after serving a sentence. Penalties vary based on factors such as the presence of a weapon, the extent of injury, and prior convictions.
Criminal Penalties
- Prison Sentences: Depending on the severity, felonious assault can result in definite prison terms ranging from months in prison to life sentences.
- Fines and Restitution: Courts may impose heavy fines and require restitution to the victim for medical expenses or damages.
- Probation or Parole: Some individuals may receive probation, but violations could lead to further penalties.
- Mandatory Prison Terms: In some cases, state laws require a minimum prison sentence for those convicted of felonious assault.
Long-Term Consequences
- Criminal Record: A conviction remains on a person’s criminal record, making it difficult to secure jobs, housing, or professional licenses.
- Loss of Rights: Certain felony convictions may lead to losing the right to own firearms or vote.
- Impact on Child Custody: Assault convictions can affect family law matters, especially regarding custody of children.
Because of these potential consequences, anyone accused of felonious assault may want to consider legal options as soon as possible.
Legal Defenses Against a Felonious Assault Charge
A felonious assault charge carries serious legal consequences, including prison time, fines, and a criminal record that can impact future opportunities. A criminal defense lawyer may examine the details of the case to determine the most effective legal arguments based on the circumstances and evidence presented.
Lack of Intent or Ability to Cause Harm
One key factor in felonious assault cases is the presence of intent to cause bodily harm or physical injury. If the accused did not act with active intent, this may be used as a defense. If a reasonable person would not have felt immediate danger, the charge may not meet the legal standard for felonious assault.
Self-Defense or Defense of Others
In some situations, an individual may claim that they acted in self-defense or were protecting someone else from harm. For example, if someone is attacked with a dangerous weapon like brass knuckles or an iron bar, they may respond with force to protect themselves.
False Accusations or Mistaken Identity
False allegations can arise due to personal disputes, misunderstandings, or mistaken identity. In cases where there is insufficient evidence or circumstantial evidence, a lawyer may challenge the credibility of the accusations.
Violations of Constitutional Rights
A lawyer may also review whether law enforcement officers followed proper legal procedures during the investigation and arrest. If the accused’s constitutional rights were violated, certain evidence may be excluded from the case.
Felonious assault charges carry severe penalties, but there are legal arguments that may help protect the accused. Each case is unique, and potential defenses depend on the facts, evidence, and specific allegations involved.
Consult a Los Angeles Criminal Defense Lawyer Today
Felonious assault is a serious offense with severe penalties, but every case is different. A legal defense strategy may depend on the specific circumstances, available evidence, and the defendant’s legal history. Anyone facing these charges may benefit from understanding their legal rights and options.
If you’re facing a felonious assault charge, legal representation can make a difference. Our team is ready to handle any case, in any court in California, or Federal Court throughout the United States. Contact the Simmrin Law Group today for a confidential case review. We can explain what is considered a felony in California, and how we can help protect your rights.
Call or text (310) 896-2723 or complete a Free Case Evaluation form