Temecula Assault Lawyer
Understanding Your Assault Charges in Riverside County
Facing assault charges can hurt your freedom and damage your good name, but if you equip yourself with fierce legal representation sooner rather than later, your case may be defendable.
Assault is a common offense in the US, totaling 5,077,790 cases in 2018, according to the Bureau of Justice Statistics. Although it is common, that does not mean it goes unpunished. Law enforcement agencies will go the extra mile to get assault suspects off the streets and behind bars, which is why you need a Temecula assault attorney who will go the extra mile to defend your freedom and safeguard your rights. At The Law Office of David E. Grande, your case will be treated with the utmost priority and dedication, as our mission is to help you overcome your assault charges as soon as possible.
What Is Assault?
In California, assault is defined as an unlawful attempt and present ability to commit a violent injury on another person. Notice that assault is merely an attempt to commit violence upon another, therefore, you could get assault charges without even touching someone.
What Are the Penalties for Assault?
If convicted of this crime, you could get up to 6 months in jail and/or a $1,000 fine. However, your penalty could increase to a maximum of 1 year in prison and/or a $2,000 fine if the assault is committed on school or park property, or against any of the following people in the performance of their duties:
- Peace officer
- Emergency medical technician (EMT)
- Mobile intensive care paramedic
- School employee
- Highway worker
- Process server
- Traffic officer
- Code enforcement officer
- Animal control officer
- Public transportation provider
- Search and recuse member
What Is Aggravated Assault?
Aggravating factors increase the severity and seriousness of a crime, which is why aggravated assault charges carry harsher consequences than simple assault charges. Assault charges can also become aggravated if an assault is committed against certain people, such as police officers, elderly individuals, or children. If you commit an assault during the commission of another criminal offense, such as rape or robbery, you will likely face aggravated assault charges as well.
What Are the Penalties for Aggravated Assault?
If you attempt to cause serious bodily injury with a firearm or deadly weapon in CA, you will get 2 to 4 years in prison and/or a $10,000 fine if convicted.
What Is the Difference Between Assault and Battery?
Typically, people hear the term “assault and battery” and assume it refers to one crime because these words are often used interchangeably. However, while assault and battery are often committed together, they are two separate offenses.
Assault is an attempt to commit bodily injury while a battery is a willful use of force or violence upon another person. You can commit an assault without committing a battery and you can commit a battery without committing assault first. For example, if a person stabs you in the back with a knife, they committed battery because you didn’t witness the attack. If a person came at you with a knife from in front ― meaning you could see they had a present ability to injure you ― and the person proceeds to stab you, then they committed assault and battery.
Possible Legal Defenses to Assault Charges
While you may feel hopeless in your situation, a Temecula assault lawyer can help change that. By exploring every viable legal defense option for your situation, an attorney can formulate the best possible case that may help compel a judge or jury into ruling you innocent or, at the very least, less responsible for your alleged assault.
Attorney Grande will thoroughly evaluate your case to better understand which defense option is right for you. Among the most common defenses to assault are:
- Defense of others
- Defense of property
- Lack of evidence
- Police misconduct
PC245(a)(1) Assault with a Deadly Weapon
PC 166(A)(4) Misdemeanor Violation of Court Order
PC 273.5(a) Felony Domestic Violence
PC 148(a)(1) Misdemeanor