If you have been charged with assault, you face serious consequences if convicted. It is crucial to secure a skilled Tustin assault lawyer immediately. Our highly-regarded criminal defense attorneys at The Law Office of Scott D. Henry have over 40 years of combined legal experience. We have in-depth knowledge of how alleged these crimes are investigated and prosecuted locally, which allows us to defend your rights, freedom, and future effectively. There is too much at risk when facing violent crime charges. That is why you need experienced and aggressive legal representation to help you obtain the best possible outcome.

What is Considered Assault in Tustin?

Assault is defined under 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, an assault is an intentional attempt to injure another individual physically. Some examples of this crime include:

  • Sexual assault
  • Domestic violence
  • Assault on a police officer
  • Aggravated assault with a deadly weapon

These cases vary considerably in their nature and severity. Depending on the circumstances of the alleged incident, this cime can be charged as a misdemeanor or felony. An attorney in Tustin could assess someone’s case and determine what form of assault charges they may be dealing with.

Is There a Difference Between Assault and Battery?

Although many people use the term “assault and battery,” California penal code 242 PC considers them two distinctly different crimes. Assault is defined as an attempt to cause harm through force or violence. No contact needs to be made for this crime to occur. An example of assault is when an individual throws a punch at someone but misses and does not make contact. To be convicted of this offense, the prosecution must prove:

  • You did something that would typically result in the use of force.
  • You intentionally did so.
  • You were aware that the act would have resulted in force being applied to the other individual.
  • You had the ability to apply force to the alleged victim.

Alternatively, battery is defined as force or violence that occurs against another individual. It does not have to result in injury for battery to occur. An example of battery is when an individual throws a punch and hits another individual.

Penalties for Assault in Tustin

Assault allegations are taken very seriously in this area. Law enforcement thoroughly investigates these crimes to build a strong case against the alleged perpetrator. District Attorneys and judges aggressively prosecute and harshly punish these cases due to the violent nature of these crimes. Misdemeanor simple assault penalties may include up to six months in jail, misdemeanor probation, and fines up to $1,000. Misdemeanor or felony aggravated assault penalties include:

  • Up to one year in jail
  • Probation
  • Fines up to $10,000
  • Restitution to the alleged victim
  • Community Service
  • Mandatory anger management courses

A lawyer in Tustin could help someone minimize the potential penalties that they are facing for their assault charges.

Defenses for Assaulting Another Person

Assault charges are considered violent crimes and are punished harshly in local courts. There are, however, several solid defenses your attorney may pursue. Some of these include:

  • Acting in self-defense or defense of others
  • Being mistakenly identified as the perpetrator
  • Being wrongfully accused
  • Not acting with intent (not acting willfully)
  • Not having the ability to inflict harm or force on the alleged victim

Every case is unique. Our seasoned lawyers in Tustin could closely examine your assault case and create a defense strategy tailored to your specific situation.

Contact a Skilled Tustin Assault Attorney Today

Facing assault charges can be frightening and overwhelming. We understand that you are fearful of the possibilities and what your future may hold. That is why it is imperative to have a skilled Tustin assault lawyer by your side throughout the entire process. Our leading attorneys at The Law Office of Scott D. Henry could guide you through the legal process and fight tirelessly to ensure your rights and freedom are being protected. We are dedicated to providing you with extraordinary legal advice and could advocate aggressively on your behalf. Contact us today for a free consultation.

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