If you have been charged with threatening someone with bodily harm, it is best to be proactive and speak with a skilled Irvine assault lawyer right away. Due to their violent nature, these crimes are pursued aggressively by local law enforcement. One of our leading criminal defense attorneys at The Law Office of Scott D. Henry could thoroughly investigate the alleged offense, obtain and present evidence supporting your defense, and aggressively advocate on your behalf to protect your freedom and future.
California Penal Code 240 PC defines an assault as the “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Simply put, it is a willful attempt to injure another individual physically. Some of these types of crimes include:
It is important to avoid confusing assault with battery. Battery is considered a different offense in this state and is defined as the intentional use of force used to injure another. This means that assault is the attempt to use force, and battery is the act of force. A skilled attorney in Irvine could assess your exact charges to determine how to best advocate for you.
The state defines domestic violence, or DV, as an assault committed against a current or former spouse, a cohabitant, a parent of the defendant’s child, or a person with whom the defendant is currently or has previously dated. Domestic abuse is one of the most common assault crimes, and due to its violent nature, prosecutors aggressively pursue these cases. If you are convicted, the consequences are substantial and long-lasting, so it is best to speak immediately to an experienced attorney if you are facing charges.
Assault cases can be challenging for prosecutors because they need to prove specific facts to receive a conviction. They must prove you performed an act that would likely result in the use of force, performed the act intentionally, and you fully understood the act could result in force or violence toward the alleged victim. Additionally, the prosecutor must prove that you had the ability to apply force to the alleged victim. As with many criminal cases, a difficult element to prove is intent. Depending on the specifics of your case, one of our skilled attorneys in Irvine may choose to build a defense strategy around a lack of intent, which is typically an effective strategy in some assault cases.
Allegations of violence are pursued aggressively by law enforcement and District Attorneys. Penalties for assault convictions are severe and can impact your life for years to come. A misdemeanor conviction carries penalties that include up to six months in jail, misdemeanor probation, and a fine of up to $1,000. A conviction for felony assault carries penalties of up to one year in jail, felony probation, a fine of up to $10,000, restitution, anger management courses, and community service. A lawyer in Irvine could help you minimize the potential penalties someone is facing for their assault offense.
Being charged with this crime can be both frightening and stressful, but you do not have to go through this process alone. Our Irvine assault lawyers at The Law Office of Scott D. Henry understand how challenging this situation is for you and your family. We are dedicated to providing you with support and guidance while tirelessly fighting to protect your best interests.
With over 40 years of combined assault defense experience, we have the skill and resources to provide superior legal representation. Our long-standing relationships with local law enforcement and prosecutors, coupled with our in-depth knowledge of how these offenses are investigated and prosecuted, help us build proactive and effective defense strategies specific to your case. Contact us today for a free consultation with no obligation and allow us to begin fighting zealously on your behalf.