Assault is a violent crime that is aggressively prosecuted and harshly punished. If you have been charged with this type of violent crime, it is best to contact a skilled Newport Beach assault lawyer immediately. Our highly-respected criminal defense attorneys at The Law Office of Scott D. Henry could thoroughly investigate the alleged offense, bring to light evidence supporting your case, and skillfully negotiate with the District Attorney to obtain the best possible outcome. Your rights, reputation, and freedom are at stake. It is crucial to be represented by one of our attorneys who have the experience and dedication to fight aggressively to protect your rights and future.
What is Assault?
Assault is defined by California Penal Code 240 PC as an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” In other words, it is an intentional attempt to injure another person physically. Some examples of assault include:
- Domestic Violence
- Sexual assault
- Assault on a police officer
- Assault with a deadly weapon
- Child abuse
- Spousal abuse
It is important to note that assault is a “wobbler,” which means it can be charged as a misdemeanor or felony, depending on the alleged offense’s circumstances. A skilled attorney in Newport Beach could help you prepare for the legal process if you have been accused of some form of assault.
Domestic Violence
One of the most common assault crimes is domestic violence. State law defines domestic violence, or “DV,” as violence 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. Due to the violent nature of DV, prosecutors aggressively pursue these cases. If convicted, the penalties are severe, so it is best to speak immediately to a seasoned attorney if you have been charged with domestic violence.
What are the Penalties for an Assault Conviction in Newport Beach?
Assault crimes are taken seriously. Law enforcement performs a thorough investigation into each alleged incident and carefully collects and reviews evidence to build a strong case. Given the violent nature of these crimes, prosecutors pursue these cases aggressively.
A misdemeanor simple assault conviction carries penalties that include a maximum of six months in jail, misdemeanor probation, and fines up to $1,000. An aggravated assault conviction carries penalties that include up to one year in jail, probation, and fines up to $10,000. The defendant may also be required to pay restitution to the alleged victim, attend mandatory anger management courses, and complete a certain number of community service hours. A lawyer in Newport Beach could help minimize the potential penalties that come with assault allegations.
Defenses Against Assault Allegations
Due to the seriousness of assault charges, your Newport Beach attorney must defend the charges against you aggressively. Several effective defenses may be argued by one of our legal representatives. These arguments include:
- Self-defense or the defense of others
- Lack of intent
- Lack of the present ability to use force
- False Accusation
- Mistaken Identity
The appropriate defense will depend on the details of your case. Our experienced legal team could thoroughly analyze the circumstances of your case to determine the most effective strategy to pursue.
Speak with a Leading Newport Beach Assault Attorney
If you face assault charges, you are in a dire situation. The penalties can be long-lasting and severe. It is crucial to be proactive and speak with a leading Newport Beach assault lawyer right away. Our highly sought-after defense attorneys at The Law Office of Scott D. Henry have over 40 years of combined experience and could aggressively and effectively defend you against any charges. We have gained a reputation among local law enforcement, prosecutors, and judges for our diligent and ethical approach to our clients’ defense. Contact our firm today for a free consultation.