Assault is a violent crime that is aggressively pursued by local law enforcement and prosecutors. If you face these charges, it is crucial to speak with an experienced Riverside assault lawyer right away. One of our skilled criminal defense attorneys at The Law Office of Scott D. Henry could begin a thorough investigation into the alleged offense, bring to light any evidence supporting your defense, and skillfully negotiate with prosecutors to help you obtain the best possible outcome. There is so much at stake, including your rights, dignity, and freedom. It is essential to have an attorney who has the experience and diligence to fight aggressively to protect your rights and future.

What is Assault?

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.” This means assault is an intentional attempt to injure another person physically. Some examples include:

Penalties for Assaulting Someone in Riverside

Assault is a “wobbler,” so it can be charged as a misdemeanor or felony. Regardless of how its charged, law enforcement performs a lengthy and detailed investigation into each alleged incident and carefully reviews the evidence. Due to the violent nature of these crimes, District Attorneys prosecute these charges aggressively. Misdemeanor simple assault convictions carry penalties of up to six months in jail, a fine of up to $1,000, and misdemeanor probation. Misdemeanor or felony aggravated assault convictions carry penalties of:

  • Up to one year in jail
  • A fine of up to $10,000
  • Restitution
  • Community Service
  • Anger management course
  • Probation

A skilled lawyer in Riverside could help someone facing assault charges mitigate the potential penalties that they may be receive.

Potential Assault Defense

Due to the seriousness of assault crimes, your attorney in Riverside needs to defend the charges against you aggressively. Several effective defenses could be pursued by one of our lawyers. Some of these include:

  • Lack of intent (did not act willfully)
  • Lack of a present ability to use force
  • False Accusation
  • Mistaken Identity
  • Self-defense or the defense of others
  • False accusation

No two cases are the same, so the appropriate defense will depend on your case’s specific circumstances. An experienced lawyer could carefully examine your case to determine the most effective defense strategy to pursue.

What is the Difference Between Assault and Battery?

Often, the term “assault and battery” is used to describe this type crime, but these offenses are actually separate charges in the state. Assault is an attempt to cause physical harm using force or violence. There does not need to be contact for an assault to occur. An example of this crime is when the perpetrator throws a punch at another individual but misses. To convict someone of this crime, the prosecution must prove:

  • They did something that would typically result in the use of force.
  • They performed this action willfully.
  • They were aware the act would result in force being applied to the other individual.
  • They had the ability to apply force to the individual.

A lawyer in Riverside could build a case that prevents a prosecutor from proving all of these elements of assault. Alternatively, battery is force or violence that occurs against another individual. There does not need to be an injury for a battery to occur. An example of a battery is when a perpetrator throws a punch and hits another individual. 

Speak with a Leading Riverside Assault Attorney

Our legal team at The Law Office of Scott D. Henry has over 40 years of combined experience fighting aggressively to protect the rights of those facing criminal charges. If you face these charges, it is best to speak immediately with a skilled Riverside assault lawyer. Time is of the essence, so if one of our capable attorneys becomes involved early in your case, your chances of obtaining a positive resolution are considerably higher. Contact our office today for a free consultation. Scott D. Henry and his legal team could go over your situation, explain your rights and legal options, and determine what the best steps would be in moving forward with your case.

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