Assault Defense
Los Angeles Lawyer
Assault and Battery in California
One accusation can turn your life upside down. A simple misunderstanding between friends, a heated exchange with a stranger in line, or an attempt to defend yourself can suddenly land you in handcuffs, facing serious criminal charges. What happens next could define your future. This is not the time to face the prosecution alone. You need an experienced Los Angeles assault defense lawyer who will fight for you at every stage of your case.
What You Need to Know About California Assault Charges
Depending on the circumstances, assault charges in California range from misdemeanors to serious felonies. Understanding these charges is the first step in building a strong defense.
Under the California Penal Code, assault is defined as an unlawful attempt to commit a violent injury upon another person, even if no physical contact occurs. The presence of a weapon, intent, and whether or not an injury occurred are all determining factors in assault charges.
Types of Assault Charges in California
California law recognizes different types of assault charges, each carrying distinct legal consequences. The severity of these charges depends on factors such as the use of a weapon, the level of force involved, and even the alleged victim’s identity.
Simple Assault
A misdemeanor charge, simple assault, occurs when someone unlawfully attempts to harm another person and has the ability to do so. Physical contact is not required. You only need the intent and capability to cause harm. Penalties for simple assault can include up to 6 months in jail and a fine of up to $1,000.
Assault with a Deadly Weapon
This charge applies when an assault is committed using a weapon, such as a firearm, knife, or any object capable of causing serious injury. The penalties for a conviction will depend on the weapon used and the severity of the alleged harm. If found guilty, you could face up to four years in state prison and be required to pay substantial fines.
Aggravated Assault
The consequences of an aggravated assault charge can be severe and life-altering. If an altercation leads to severe injuries or occurs during the commission of another crime, such as robbery or sexual assault, the penalties become much harsher. In California, aggravated assault can lead to lengthy prison sentences and strike enhancements under the state’s Three Strikes Law, making it critical to have a skilled defense attorney on your side.
Assault on a Public Servant
If an alleged assault involves a law enforcement officer, firefighter, or another protected public servant, the penalties become more severe. Even a minor altercation with an officer can lead to a felony charge, with potential prison time of up to three years.
What Are the Penalties for Assault in California?
Penalties for assault convictions vary based on the specific charge, aggravating factors, and prior criminal history. Potential consequences include:
- Jail or prison time. Misdemeanor assault can lead to up to six months in jail, while felony assault can result in years of imprisonment.
- Hefty fines and fees. Convictions often carry fines ranging from $1,000 to $10,000. Additional court fees and restitution payments may also apply.
- Probation and community service. Courts may impose supervised probation and mandatory community service. Violating probation terms can lead to harsher penalties.
- Criminal record. A conviction can impact employment, housing, and other aspects of life. It may also affect professional licenses and educational opportunities.
A strong defense can lead to reduced or dismissed charges, protecting your future. A Los Angeles assault lawyer can evaluate your case and fight to protect your future.
Legal Defenses Against Assault Charges
Being charged with assault does not mean you will be convicted. An experienced attorney can use various legal defenses to challenge the prosecution’s case. Here are some of the more common defenses used.
Self-Defense or Defense of Others
You may have a valid legal defense if you acted to protect yourself or another from immediate danger. California law protects individuals who use reasonable force in self-defense. However, proving self-defense requires strong evidence, such as witness statements, surveillance footage, or medical reports.
Lack of Intent
Assault requires an intent to commit harm. The charges may not hold up in court if there was no intent or the situation was accidental.
False Accusations
Unfortunately, false accusations are typical in assault cases. Whether motivated by personal disputes, revenge, or misunderstanding, our skilled Los Angeles criminal assault attorneys can expose inconsistencies in the accuser’s story.
Insufficient Evidence
The prosecution must prove guilt beyond a reasonable doubt. If there is a lack of credible witnesses, video evidence, and medical reports, your attorney can argue that the prosecution’s case is not strong enough to get a conviction.
Why Our Experienced Los Angeles Assault Defense Lawyer Is Key
When facing an assault charge, having a skilled attorney is the difference between conviction and freedom. At Esfandi Law Group, we have successfully defended hundreds of clients facing assault charges, securing dismissals, reduced charges, and not-guilty verdicts. Our experienced Los Angeles aggravated assault lawyers will:
- Investigate your case, looking for inconsistencies, unreliable witnesses, or evidence that supports your defense;
- Expose police misconduct or constitutional violations, ensuring that unlawfully obtained evidence is thrown out;
- Negotiate aggressively with prosecutors, often securing reduced charges or alternative sentencing; and
- Tailor a strategic defense based on the facts of your case, whether it involves proving self-defense, mistaken identity, or lack of intent.
Our team knows how to fight back against aggressive prosecution and will work tirelessly to protect your future.
Take the Offense in Your Defense
Your future is at stake, and time is critical. The prosecution is already building its case against you, but you don’t have to face this alone. Esfandi Law Group implements strong defense strategies to protect your rights and get the best possible result for your case. With a proven track record of successfully helping clients with assault charges, we know what it takes to win.
Contact us today for a confidential consultation and start your defense before it’s too late.
Frequently Asked Questions
Can an Assault Charge Be Dropped?
Depending on the circumstances, charges may be dropped if the victim does not wish to pursue the case, if there is insufficient evidence, or if an attorney negotiates with the prosecution.
What’s the Difference Between Assault and Battery in California?
Assault is the attempt to use force, while battery involves actual physical contact. Battery charges often carry more severe penalties.
How Soon Should I Contact a Los Angeles Assault Lawyer After Being Arrested for Assault?
Immediately. The sooner you hire a Los Angeles assault and battery attorney, the better your chances are to build a strong defense, protect your rights, and avoid severe penalties.
