Our highly-regarded Fullerton assault lawyers at The Law Office of Scott D. Henry have over 40 years of combined criminal defense experience. We have obtained unprecedented results in our assault cases due to our diligence and dedication. We believe everyone is innocent until proven guilty and provide persuasive and effective defenses to all who face serious criminal charges.

What Occurs in an Assault Case in Fullerton?

California Penal Code 240 PC defines an assault as an unlawful attempt, coupled with a present ability, to commit an act that would likely result in a serious injury. Some commonly charged assault crimes include sexual assault, domestic battery, assault with a deadly weapon, and aggravated assault.

This crime can be charged as a misdemeanor or felony. Penalties for a conviction include jail time, fines, and probation. Many assault crimes count as a strike under California’s Three Strikes Law, which could increase the potential penalties an accused individual is facing. Depending on the circumstances, one of our skilled attorneys in Fullerton could negotiate to have your assault charge reduced to a lesser charge, avoiding a strike on your record. To obtain a guilty verdict in this type of case, the prosecution must prove that the accused:

  • Used or attempted to use force that would likely result in an injury to another individual
  • Intentionally used or attempted to use force.
  • Had the present ability to apply force
  • Do not possess a legal excuse to use such force on another person (such as in cases of self-defense)

Domestic Battery

Domestic battery is one of the several charges used to address incidents of domestic violence. Battery is defined by state law as the intentional use of force or violence against another person. California Penal Code 243 PC states that domestic battery is battery between:

  • Spouses
  • Former spouses
  • Cohabitants
  • A parent of the defendant’s child
  • A person with who the defendant currently or previously had an intimate relationship with

Legal Defenses for Assault Charges

Punishment for assault crimes is severe due to the violent nature of this crime. It is essential to have efficient legal counsel that could fight aggressively to protect your best interests. Several defense strategies can be effective in assault cases, including:

  • Lack of intent
  • Insufficient evidence
  • Self-defense or the defense of others
  • No present ability to use force
  • Mistaken identity
  • False accusation

The most effective defense strategy depends on the specifics of your case. Our legal team in Fullerton could perform a thorough case analysis to determine a persuasive case-specific defense strategy for your assault charges.

Speak with a Top Fullerton Assault Attorney

Facing assault allegations or charges is a serious matter. If you are being investigated for or have been charged with assault, every minute counts. It is in your best interest to act immediately and speak with a highly-regarded Fullerton assault lawyer.

Our seasoned attorneys at the Law Office of Scott D. Henry are dedicated to fighting tirelessly for those facing serious criminal charges. We could do everything within our power to defend you against these charges, so that you receive the best outcome possible. Contact our office today for a free case analysis.

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