Assault is one of the most common violent crimes with which individuals are charged. Like most violent crimes, the consequences of an assault conviction are substantial. If you have been accused of or charged with this type of crime, contact our Santa Ana assault lawyers right away.

At the Law Office of Scott D. Henry, our criminal defense attorneys have decades of experience defending those faced with assault charges. We have seen unprecedented success in the outcome of our assault-related cases due to our aggressive and thorough approach. We are committed to doing everything within our power to help you through this challenging time.

What is the Legal Definition of Assault?

Under California Penal Code 240 PC, assault is a crime in which an individual unlawfully attempts to commit a violent injury to another person. Note that an act of violence does not have to occur for an assault to take place. Only an attempt or threat of violence must occur for someone to be accused of this crime. Many acts are considered assault, including:

  • Battery
  • Aggravated battery
  • Sexual battery
  • Assault with a deadly weapon
  • Disturbing the peace
  • Assault on a police officer
  • Assault with caustic chemicals
  • Domestic battery

To be found guilty of assault, the prosecution must prove that at the time of the incident, you had the present ability to use force and you attempted to use or used a degree of force that would have likely caused injury to the other individual. They also must prove that you intentionally attempted to use or used force and you had no legal reason to do so. An attorney in Santa Ana could help you prepare an assault defense that weakens the prosecution’s case against you. 

Domestic Battery

The California Penal Code 243e1 PC defines domestic battery as the unlawful and intentional use of force or violence against an intimate partner. An intimate partner includes a spouse, a former spouse, a boyfriend or girlfriend, or a co-parent. No pain or injury needs to take place for a domestic battery to occur. Domestic battery is an assault crime that is punishable by up to one year in jail. 

What are the Legal Defenses for Assault?

There are several legal defenses that could prove effective in a case. Ultimately, the appropriate defense strategy depends on the specifics of the case. Legal defenses for assault include self-defense or the defense of others, a lack of intent, mistaken identity, false accusation, and insufficient or untrustworthy evidence. Our skilled lawyers in Santa Ana could perform an in-depth investigation into the alleged assault to determine a defense strategy that is both effective and persuasive.

Speak with our Leading Santa Ana Assault Attorneys Today

The criminal process can be frightening and stressful, but you do not have to go through it alone. Our compassionate Santa Ana assault lawyers at the Law Offices of Scott D. Henry could be there every step of the way to guide you through the process and advocate tirelessly on your behalf. We are committed to providing you with an aggressive and effective defense, so you can obtain a positive resolution and put this experience behind you. Contact our office today for a free, no-obligation case analysis. Our experienced legal counsel could review your case, advise you of your rights and options, and implement a course of action to protect your rights and best interests.

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