California takes violent crimes very seriously, and an assault conviction can stay with you for the rest of your life. If you are arrested for assault, authorities can make it seem like you have no choice but to accept the charges and take your medicine. That isn’t always true.
If you are accused of assault in California, it is important to contact an attorney as soon as possible. A West Covina assault lawyer can explain your rights and help you choose the right path forward. Don’t leave your future to chance, and don’t give up hope.
At Simmrin Law Group, our West Covina criminal defense lawyers have helped thousands of clients achieve a better future. Contact us for a free consultation to learn what we can do for you.
Do You Need a Lawyer if You are Accused of Assault?
It is smart to reach out to an attorney as soon as possible after you are charged with assault. Assault is considered a violent crime in California. Depending on what you are accused of, the court may even view your assault charge as a felony.
A West Covina assault attorney will make sure your rights are protected throughout the legal process and that you are treated fairly by the courts. When you hire a skilled lawyer with a strong track record in criminal cases, you have an ally to stand up for you.
Your attorney can help you understand your charges and choose the best course of action. If negotiations are your best option, we can negotiate with prosecutors on your charges or sentence. However, if it comes to a courtroom fight, we will not back down.
For a free legal consultation with an assault lawyer serving West Covina, call (310) 896-2723
What is Assault in California?
According to California law, assault is defined as the unlawful attempt, along with a present ability, to commit a violent injury on the person of another. Note that no physical contact or injury needs to occur for you to be charged with assault. The three components are:
- Unlawful attempt: You took actions intended to harm another person
- Present ability: You could cause harm to another person
- Violent injury: Your actions would have resulted in injury
Simple assault is a misdemeanor that carries penalties of up to six months in jail, a $1,000 fine, or both. However, there are more serious degrees of assault that can result in harsher sentences.
Aggravated Assault
Aggravated assault is a more severe charge that may be considered a felony, depending on the circumstance. The use of a weapon will escalate an assault charge to aggravated assault, as can the severity of the attack or if the attack involved certain classes of individuals.
Various types of aggravated assault in California include:
- Assault with a deadly weapon
- Assault with a firearm
- Assault on a peace officer
What is Assault and Battery?
Assault and battery are two separate charges that often go together. They are both violent crimes, and they both have degrees of severity. If you are accused of assault and battery, it is important to contact a lawyer for advice.
Battery is willfully and unlawfully touching someone in a harmful or offensive manner. Where assault does not require contact, battery is the second half of the equation where the actual contact occurred.
West Covina Assault Lawyer Near Me (310) 896-2723
What are Potential Defenses for Assault in California?
Your assault lawyer in West Covina will consider a range of defenses to counter your assault charges. You can help by explaining what happened during the altercation that led to your charges as best you can. Depending on your case, some potential defenses could include:
Self Defense
You have the right to defend yourself. If you believe you faced a threat and acted to protect yourself, this can be a valid defense for an assault charge. Witness testimony or video evidence can help prove you were not the aggressor.
Defense of Another Person
Just as you have the right to defend yourself, in some cases, you have the freedom to defend others. If you reasonably believed another person intended to harm an individual and you stopped them, this may be a solid defense for your assault charge.
Lack of Ability to Act
Assault requires the ability to carry out a violent act. Even if you acted in a threatening way, if there was no realistic way you could have enacted violence on the victim, your lawyer may be able to use this as a defense.
Lack of Intent
Intending to commit a violent act is another component of assault. If you can show you had no intention to cause harm, this can be a valid defense. For example, your actions may be misunderstood by your accuser.
Mistaken Identity
Assaults sometimes happen in chaotic situations, and a victim’s testimony isn’t always reliable. If your accuser struggles to identify their attacker, your lawyer may be able to prove the police apprehended the wrong person.
False Accusations
Unfortunately, some people use the justice system in unscrupulous ways. For example, the so-called victim may have created a false narrative to retaliate against you for another issue. This in itself is a crime.
Establish an Alibi
If you can prove you were somewhere else during the altercation, this is the most clear-cut way to establish your innocence. An effective alibi requires witnesses, documentation, or some other evidence to establish your whereabouts.
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Contact a West Covina Assault Attorney
The justice system exists to protect our rights and keep us safe. We like to believe it works as it should, but that isn’t always true. That is never more evident than when you find yourself accused of a serious violent crime such as assault.
A West Covina assault attorney can help you fight your charges and advocate for yourself. You are innocent until proven guilty, and we will work to ensure that you are treated fairly throughout the legal process.
At Simmrin Law Group, we have decades of experience helping people facing criminal charges. Contact us today for a free case evaluation and learn how we can help.
Call or text (310) 896-2723 or complete a Free Case Evaluation form