San Diego Assault Attorney
What is assault?
Assault is an attempted attack on an individual by another who appears to be able to cause harm to that individual. This threat of harm causes the victim to experience worry or fear of imminent harm - the act contains the likelihood of applying force to the other individual. Battery means the actual touching of another in an offensive or harmful way without their consent.
Though many people think of "assault and battery" as one crime, they are two separate offenses. An assault is an attempted battery and can occur without the commission of the battery. If a heated confrontation occurs at a bar and one person throws a beer bottle at another, the act of throwing it is considered an assault. If the bottle actually strikes the other individual, it is also considered to be a battery. Battery always includes assault.
As California law for assault does not need to contain an actual injury, it makes it very easy for a person to be incorrectly accused of and subsequently arrested for assault. Because of this, it is important that you seek experienced counsel if you have been charged with assault. A skilled San Diego violent crimes lawyer from The Law Office of Kerry L. Armstrong, APLC has a deep understanding of California law regarding assault and battery. We will put our almost two decade of combined experience to work pursuing a vigorous defense on your behalf.
Penalties for Assault in San Diego
The penalties for simple assault fall under California Penal Code 240 and include the following penalties:
- California "summary" or misdemeanor probation of up to three years
- A fine of up to $1000
- A sentence of up to 6 months in the county jail
- For domestic violence, successful completion of a program for batterers
- Community service
Aggravated assault (with a deadly weapon) and assault on a law enforcement officer carry more severe penalties.
There are a number of defenses our knowledgeable assault attorneys may use, including lack of intent, self defense, inability to carry out the assault and false charges. We offer you a free consultation to review your case and determine the best option to pursue.
Contact a San Diego Violent Crimes Lawyer
today to discuss your case.