If you’re facing assault charges, contact our San Diego lawyer immediately. Apart from creating a legal defense strategy, Troy P. Owens, Jr. will also educate you on the nature of your alleged offense and the possible court rulings. Assault, after all, takes many forms, and the nature of the offense determines the proceedings as well as the sentences you could be facing.
Types of Assault in California
The Law Office of Troy P. Owens, Jr handles different types of assault:
- Simple Assault – This occurs when a person performs an act that is likely to result in the application of force on a person. It involves cases where no weapon is used, and the victim sustains little to no injuries. Putting someone in imminent fear of battery, for instance, can be charged as simple assault; so is attempting to punch someone but missing. Threatening to hit someone with an object can also be considered assault when accompanied by action that shows the doer intends to carry it out.
- Aggravated Assault – Some forms of assaults are aggravated if the person causes serious bodily harm purposely. It often displays a disregard for the value of the victim’s life. Assault with a deadly weapon falls under this category.
Assault charges are often associated with battery charges. There is, however, a difference between the two. Assault involves an attempt and intent to injure, even when no actual physical violence occurred. Battery, on the other hand, is a willful or unlawful touch, without the person’s consent. As such, somebody who threatens to hurt somebody and performs an act that shows he or she will carry it out is assault. Physically striking the person, meanwhile, is battery.
Our seasoned assault lawyer navigates the complexities of your case and devises a strong legal strategy. We will gather evidence, interview witnesses, and make sure the court knows the full story. Possible legal defenses include:
- You did not have the ability to inflict harm.
- The assault was done to defend yourself or others.
- You didn’t intend to hurt the alleged victim, or you didn’t act willfully.
- You were falsely accused.
Penalties for Assault
People accused of assault could face sentences of up to six months in jail, a $1000 fine, and a summary probation (a form of inactive supervision of a convicted individual).
The sentence, however, is more serious if the victim was performing his or her duties as any of the following:
- police officer
- code enforcement officer
- traffic officer
- parking control officer
- animal control officer
- search and rescue member
- medical professional providing emergency care
- process server
Under these circumstances, the accused can face charges of up to one year in the county jail and fines of up to $2000.
Additionally, an accused individual faces the possibility of a criminal record, which would affect his or her loan applications, employment, and more. There’s also a social stigma that comes with a conviction.
Seek legal representation from an attorney with experience in handling assault cases. Our San Diego firm is ready to discuss your case with you and look into the possible legal defense strategies. Contact us today for a free initial consultation.