Assault

Assault and battery are often charged together, but these are not interchangeable criminal offenses. A conviction of assault or battery or both charges can have significant and lasting impact on the offender’s future and can become a part of its criminal record. The state of California has imposed harsh sentences for violent crimes and assault and battery are both punished under the laws for violent crime.

What is Assault?

According to California Penal Code 240, “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Difference between Assault and Battery

The major difference between assault and battery is the occurrence of action/ use of force/ violence. While, assault is an attempt or a threat of illegal use of force against another person, battery is related to the actual use of force or violence against another person.

Different Types of Assault Charges and Consequences

Simple Assault: It involved assault against another person and the sentence can be up to $1000 fines, jail time up to 6 months or both.

Assault Against Parking Officer: If the person assaulted is a parking officer, the conviction can face up to $2,000 in fines, up to 6 months of county jail time or both.

Assault Against Police officer/ Peace officer/ Emergency Personnel/ Firefighter etc.: The convicted of assault under 241(c) can face up to $2,000 in fines, up to 1 year of county jail time or both.

Assault Against Custodial Officer: If the person assaulted custodial officer, the sentence can be up to one year jail time in county jail.

Factors Affecting the Severity of Consequences:

As mentioned, the sentences in case of assault charges are harsh and can result in jail time. First-time offenses are often punished only by fines and there is no jail time if you have a strong defense case and strong defense arguments. Here are the factors that can affect the severity of punishment in case of assault conviction.

• Past criminal background or history of previous conviction
• Specific circumstances of incident
• Strength and aggressiveness of your defense representation

What Should You Do If You Are Facing Assault Charges?

If you have been charged with assault, you should understand that your future, reputation, and money is at stake. Therefore, it is not advisable to take any risk in such serious charges and seek aggressive defense representation for you. The lawyers at David S. Chesley have a reputation of aggressively defending the clients and prove their innocence in the court. We have worked with clients that have been charged for assault due to mistaken ID or as a revenge from ex-spouse, or due to complicated circumstances. As defense lawyers, our approach is to untangle the pieces of case and explain them to judge or jury, question the validity of prosecutor’s evidences, and present counter arguments. Being part of criminal justice system for more than fifty, we are aware of our client’s situation and extend our help in every way.

Available Defenses to Prove Innocence

An insightful and knowledgeable legal representation explores available defenses in the specific circumstances of your case and focuses on building strong defense arguments around them. The commitment to client and court experience reflects itself in the legal representation by David S. Chesley and associate defense lawyers. We carefully examine all major and minor details of the case to prepare its defense. Here are common available defenses that we have successful defended in court.

Lack of intent: The assault requires that the defendant intended to commit a violent injury to the other person. By analyzing the case, it can be proven that the injury was an accident and not an intended harm.

Self-Defense: If the person charged with assault attacked or intended to attack the other person in self-defense, it is not proven as assault.

Defense of other people or defense of property: The charges of assault do not qualify if the person assaulted other person to protect another person or property from damage.

Three Strikes Law

If the person charged with assault has been previously convicted of two violent offenses, the person’s sentence is enhanced under ‘three strike law’ of California and one can face life term imprisonment under this law.