Assault is a serious criminal offense that is aggressively prosecuted and punished under state law, even when the alleged victim did not suffer any pain or physical harm. An accused individual who does not actually inflict any physical harm or violence against the alleged victim can still end up facing serious criminal charges.
If you have been accused of or charged with a violent crime, contact our knowledgeable Los Angeles assault lawyers at the Law Offices of Scott D. Henry. With so much at stake, it is in your best interest to obtain qualified and aggressive legal representation. Our seasoned criminal defense attorneys have the experience, resources, and professional relationships to negotiate a fair deal on your behalf.
Legal Definition of Assault
Simple assault under California Penal Code 240 PC, is the willful attempt or threat to inflict injury upon another person. Four key elements must be proven to be found guilty of assault.
- The defendant attempted to use or used a degree of force likely to cause injury to the individual.
- At the time of the alleged incident, the defendant had the ability to use force.
- The defendant had no legal reason to do so, such as acting in self-defense.
- The defendant intentionally attempted to use or used force.
A lawyer in Los Angeles could help you prepare a defense if you have been accused of assault.
Aggravated Assault
Under California Penal Code 245 PC, aggravated assault is defined as a threat or attempt, coupled with the present ability, to commit serious bodily injury or death to another. Any crime that involves an attempt to rob, rape, or murder is considered aggravated assault. This offense can also be charged when the defendant used a firearm or other deadly weapon in the incident. The penalties for aggravated assault are harsh and include:
- Up to one year in jail
- A fine of up to $10,000
- Probation
- Confiscation of any weapons
- Community service
- Anger management classes
For a felony aggravated assault conviction, the defendant may also receive a strike under California’s Three Strikes Law.
Are there any Legal Defenses to Assault Charges?
Depending on the circumstances of the case there are several solid arguments that might be appropriate. Some of the most common include lack of intent, insufficient evidence, false accusations, or mistaken identity. Another common defense strategy that a lawyer in Los Angeles might use in an assault case is self-defense or the defense of others. This defense strategy argues that the defendant committed assault out of fear for his or her safety or the safety of others. State law allows individuals to use appropriate force to protect themselves or others if they believe they are in danger. Therefore, if the alleged victim attacked the defendant first there may be cause to dismiss the charges against the defendant.
Speak with a Skilled Los Angeles Assault Attorney Today
When facing serious criminal charges, you need to act quickly. The first step is to speak with a skilled Los Angeles assault lawyer as soon as possible. The stakes are high in a violent crime case, so it is essential to have legal counsel that is aggressive and experienced.
Our seasoned defense lawyers at the Law Offices of Scott Henry have the skill and diligence necessary to defend you against these serious charges. We are committed to aggressively representing your best interests while protecting your rights. Contact our offices today for a complimentary case analysis. One of our highly regarded attorneys could thoroughly explain the charges, go over all possible legal avenues, and determine a course of action for obtaining a favorable resolution.