Violent crimes are incidents involving force or the threat of force. These crimes are a top priority for law enforcement, and all allegations are investigated diligently. Assault, the most prevalent violent crime, is no exception. If you are being investigated for or have been charged with this offense, it is essential to have a capable Westminster assault lawyer who could fight aggressively in your defense.
At the Law Offices of Scott D. Henry, our criminal defense attorneys could act quickly to build an effective defense strategy against your assault charges. We know firsthand how prosecutors handle these cases. Our skilled attorneys know how to identify errors in the investigation and any violation of your civil rights. We work diligently to protect your best interests and strive to get you a positive outcome.
What is the Definition of Assault?
Assault crimes are the most commonly committed crimes in the U.S. and are detailed in California Penal Code 240 PC. In California, they are referred to as either “simple” or “aggravated.” Simple assault is an attempt to physically injure someone. Aggravated assault is an attempt to physically injure someone by using a weapon. No contact or injury needs to occur for an assault to have taken place. Some examples of assault are domestic violence, assault with a deadly weapon, sexual assault, child abuse, and battery. If the District Attorney can prove the following, you could be convicted of the charges against you:
- You had the present ability to use force.
- You used or attempted to use force that would likely have resulted in an injury to the other individual.
- You intentionally used or attempted to use force.
- You possessed no legal reason to do so
Legal Defenses for Simple and Aggravated Assault
Our team of defense attorneys in Westminster has earned a reputation for their effective and aggressive defense strategies against assault charges. Some solid defenses include but are not limited to self-defense or the defense of others, a lack of intent, insufficient evidence, mistaken identity, and false accusation. Our experienced legal team could perform a careful examination of the facts of each case to determine the most appropriate and persuasive strategy.
Penalties for Assault Crimes in Westminster
In the last two decades, this area has seen a decline in violent crimes. This is largely due to the diligence of local law enforcement and courts. Penalties are considerable for assault convictions. For a simple assault conviction, the penalties include up to six months in jail and a maximum of $1,000 fine. Aggravated assault convictions carry up to four years in state prison and fines of up to $10,000.
Speak with one of our Westminster Assault Attorneys
If you have been accused of assault, we urge you to contact our office today for a free consultation. Time is of the essence. Our Westminster assault lawyers at the Law Offices of Scott D. Henry could begin fighting for your rights and freedom. We could perform a detailed investigation to obtain evidence supporting your defense. Our attorneys are skilled negotiators and could work to prevent charges from being filed or reduce the charges.