Assault is a serious crime that involves harm or the threat of harm to others. Whether you were defending yourself from an attack or was unwittingly caught up in a bar fight, law enforcement can charge you with assault. If you have been accused of or charged with this crime, it is crucial to obtain the services of an aggressive Temecula assault lawyer.
At the Law Offices of Scott D. Henry, our seasoned criminal defense attorneys have handled these cases for over four decades. Our firm can skillfully protect your rights throughout the entire process and fight diligently to obtain a favorable outcome in your case.
What is Assault?
In California, the crime of assault is defined under Penal Code 240 PC. Assault is considered “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” It is important to note that assault is an attempt to injure another person. If the perpetrator makes physical contact with the alleged victim or the victim sustains an injury, the more serious crime of battery can be charged.
Typical violent crimes our attorneys in Temecula have experience with include assault with a deadly weapon, disturbing the peace, assault on a police officer, aggravated battery, domestic battery, and sexual battery. To be convicted, the prosecution needs to prove:
- At the time of the incident, the defendant had the present ability to use force.
- The defendant attempted to use or used a degree of force that would have likely caused injury to the other individual.
- The defendant intentionally attempted to use or used force.
- The defendant had no legal reason to do so.
Assault with a Deadly Weapon
California Penal Code 245(a)(1) PC defines assault with a deadly weapon as an unlawful attempt to injure another using a deadly weapon or by means likely to cause great bodily injury. A baseball bat, knife, club, bottle, vehicle, blunt object, brass knuckles, or any other object that could inflict great bodily harm is considered a deadly weapon. Misdemeanor convictions carry penalties of up to one year in jail, and a felony conviction is punishable by up to four years in state prison.
Penalties for Misdemeanor and Felony Assault
There is a wide range of assault-related offenses that vary greatly in their nature and severity. These crimes can be charged as either a misdemeanor or felony in California and all charges carry harsh punishment. For a misdemeanor assault conviction, you may be sentenced to a maximum of six months in jail, probation, community service, and a fine of up to $1,000.
For a felony assault conviction, you may receive penalties that include up to four years in state prison, felony probation, community service, anger management classes, the loss of your right to own or possess firearms, and a maximum fine of $10,000. An attorney in Temecula could help someone minimize the potential penalties of an assault charge.
Legal Defenses for Violent Crimes in Temecula
Assault crimes are serious in nature and are prosecuted aggressively in this area. Fortunately, several effective defenses could be used in your case. Some legal defenses to assault include:
- Lack of intent
- Insufficient evidence
- Untrustworthy evidence
- False accusation
- Mistaken identity
- Self-defense or the defense of others
Our team of skilled assault defense attorneys in Temecula could determine an effective strategy after carefully reviewing the police report and performing a thorough investigation into the alleged incident.
Talk to a Temecula Assault Attorney
If you have been accused of a violent crime, it is crucial to seek skilled legal counsel. immediately. A leading Temecula assault lawyer could protect your rights. At the Law Offices of Scott D. Henry, our defense attorneys have over 40 years of combined experience defending individuals faced with violent crime charges. Contact our offices today for a free case analysis. We could work diligently to pursue all avenues in your defense to get you a positive resolution to this matter. You can place your trust in our legal team and know you are in good hands.