Criminal Defense Attorneys Defending People Who Have Been Charged With Assault
Assault criminal charges are covered under California Penal Code Section 240. It's defined as an attempt to commit a violent injury on another individual.
Even though most people will use the term “assault and battery,” they are actually two separate crimes in Los Angeles County. Assault charges can be filed for just an attempt to use force, while battery charges are typically filed when actual use of unlawful force or violence occurs against another individual.
To be charged with simple assault, a defendant does not actually need to make physical contact with the other person.
By law, it's sufficient that an individual performed any action that would likely cause a physical impact.
If you have been accused with the violent crime of assault, you should immediately consult with a Los Angeles assault defense lawyer at our law firm to thoroughly review your case and start talking about legal options for your defense.
Assault – CA Penal Code 240 – Elements of the Crime
In order to obtain an assault conviction, the Los Angeles County prosecution must be able to prove, beyond reasonable doubt, that the defendant behaved in a certain way, or committed an action, that was:
- likely to result in the use of violent force against another party (such as drawing back an arm with a hand balled into a fist, charging at someone with your fists balled up, etc.);
- the defendant did so of their own accord, and;
- with the willful intent to harm the other individual, and;
- the defendant had the ability to apply sufficient force to the other individual such that could cause injury or harm upon them.
Speak with a Los Angeles assault attorney at our law office for more information.
As previously mentioned, despite the term “assault & battery” often being used, and treated as a single charge, assault charges are each defined differently, and are two distinct crimes with their own set of rules for how an individual can be charged with either offense.
Battery criminal charges are covered under California Penal Code Section 242.
Battery is a much more serious charge, involving the battery of another individual, to the extent of serious bodily harm or injury. See related page: Mayhem.
An assault criminal case can be applied where an attempt to harm another individual was made, whereas a criminal case of battery would require the other individual to have actually been assaulted and harmed as a result of a successful attempt to hurt them. Call a Los Angeles assault attorney at our law firm to review your case.
Legal Penalties for an Assault Conviction
Simple assault is a misdemeanor crime. If convicted of an assault case in Los Angeles County, the defendant might be mandated to either serve up to six months in county jail or they could wind up facing up to $1,000 in fines.
If you happen to find yourself being formally charged with assault and/or battery, you need to speak our Los Angeles assault lawyers immediately.
A conviction on your record could have a serious impact on your future opportunities.
Legal Defenses against an Assault Case
Depending upon the specific circumstances, an experienced Los Angeles assault attorney at our law firm may try and prove that a defendant acted in self-defense, or in defense of another individual unable to protect themselves.
Our defense lawyers may be able prove the defendant did not act willfully or with the intent to harm.
Our lawyers might be able to show a defendant was wrongfully accused, or even, in special circumstances, the defendant did not have sufficient ability to inflict harm or injury upon the other individual.
All of the circumstances surrounding the alleged assault incident, and the defendant's involvement, will be taken into consideration by a Los Angeles assault lawyer at our law firm.
Our attorneys will compile the evidence and facts necessary to prepare a strong legal defense strategy. Legal representation is vital, as is having an attorney present during any kind of questioning, in order to prevent facing the very real risk of being charged with a crime a defendant may have not committed.
Get Legal Help Now by Calling a Los Angeles Assault Attorney
A conviction for assault can result in harsh legal consequences, including jail time, large fines, and a permanent criminal record.
To protect your freedom and future, you will need a skilled Los Angeles criminal defense lawyer from Eisner Gorin LLP to aggressively fight your charges and obtain the best possible outcome.
Our defense attorneys have a record of success defending our clients against assault and battery charges.
For example, in one case in the San Fernando Superior Court, our client was charged with assault and battery during a family dispute.
The alleged victim and a witness testified in court that our client punched, kicked, and pushed the victim, which caused several physical injuries.
Our Los Angeles assault attorneys were able to show in court the victim and witness had financial motives and even produced medical records of the victim that showed pre-existing injuries along with a history of dizziness and a loss of balance. After a four day trial, the jury deliberated and acquitted our client of the charges.
If you have been accused of assault, call our criminal law firm for a free immediate response at 877-781-1570.
Related Pages: Assault with a Deadly Weapon | Domestic Violence | Spousal Abuse | Resisting Arrest