Facing assault charges is a serious situation. These crimes are strictly punished, so if you are facing these charges it is imperative to seek assistance from a knowledgeable Anaheim assault lawyer right away. Our skilled criminal defense attorneys at The Law Office of Scott D. Henry have decades of experience fighting these charges ranging from simple assault to assault with a deadly weapon. We could perform a thorough investigation into the alleged incident, present evidence supporting your defense, and skillfully negotiate on your behalf.
How is Assault Defined in Anaheim?
California Penal Code 240 PC defines assault as an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Simply put, this crime is an intentional attempt to injure another person physically. Some examples of this offense include:
- Spousal abuse
- Child abuse
- Sexual violence
- Domestic violence
- Assault on a police officer
- Aggravated assault with a deadly weapon
There are varying degrees involved in these cases. Therefore, assault is charged as a misdemeanor or felony, depending on the alleged offense’s nature and severity. An experienced lawyer in Anaheim could help someone build a defense that is effective for their specific assault charges.
What is the Difference Between Assault and Battery?
Most people use the term “assault and battery” to describe a crime, but they are considered separate charges in California. Assault refers to an attempt to cause harm through force or violence. No contact has to be made for this offense to occur. An example of an assault is when an individual throws a punch at someone but misses.
Alternatively, battery refers to force or violence that occurs against another person. It does not have to result in injury for the crime of battery to occur. An example of a battery is when an individual throws a punch and hits another individual.
Penalties for Assaulting Someone in Anaheim
Assault allegations are taken very seriously in this area. Law enforcement performs lengthy and thorough investigations into these alleged incidents and carefully reviews any evidence. Additionally, prosecutors aggressively prosecute these charges due to the violent nature of the crime. As such the criminal penalties for such a crime can be harsh. Penalties for a misdemeanor simple assault conviction include up to six months in jail, a fine of up to $1,000, and misdemeanor probation. Penalties for a misdemeanor or felony aggravated assault may include:
- Up to one year in jail
- A fine of up to $10,000
- Restitution
- Community Service
- Anger management course
- Probation
One of our dedicated lawyers in the area could help someone minimize the potential penalties they may be facing for their assault charges.
Defenses for Allegedly Assaulting a Person
To be convicted of assault in this state, the prosecution must prove:
- You did something that would likely have resulted in the use of force.
- You did so willfully.
- You were aware of the facts that would lead a reasonable person to believe the act would result in force being applied to the other individual.
- You had the ability to apply force to the other individual.
Based on these elements, an Anaheim attorney could create an effective defense strategy for a particular assault case. Some of the defenses a lawyer could use include:
- Self-defense or defense of others
- Mistaken identity
- False accusation
- Lack of intent (the defendant did not act willfully)
- Lack of a present ability to use force
The appropriate defense will depend on the specifics of your case. A seasoned defense attorney could closely examine the facts and circumstances to determine the most effective defense strategy to pursue.
Contact a Leading Anaheim Assault Attorney Today
If you face assault charges, you are likely fearful and overwhelmed. Violent crimes are taken seriously by local law enforcement, prosecutors, and judges, so it is vital to hire a skilled and capable attorney.
There is so much at risk, including your reputation, dignity, freedom, and future. Our experienced Anaheim assault lawyers at The Law Office of Scott D. Henry have over 40 years of combined experience and could skillfully and aggressively fight the charges against you. We are dedicated to advocating on our clients’ behalf and could do everything within our power to get you a fair outcome. Contact our office today for a free consultation. One of our leading attorneys could go over your case, explain your rights and legal options, and determine what steps to take moving forward.