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ToggleWhen you are charged with assault, it must be seen as a serious offense that can land you to lengthy jail time, depending on the circumstances that led to the charge. If you are unaware of the nature of the assault and how it is seen in Encinitas, CA, you need a criminal lawyer to help you out.
Lee Law Group is a trusted Encinitas criminal defense law firm that is known in the city for representing clients with zeal in challenging criminal defense cases. The team is always ready to assist clients in understanding the case they are in and help answer their inquiries about the entire process.
The lawyer that will be assisting you will do their best to get the best result for the case to ensure that your innocence and rights are respected. They will also be with you in every step of the case to ensure that you are well-protected and ready to face these charges.
Call Lee Law Group at (844) 709-2099 for a Free Consultation!
Under California Penal Code 240, it defines assault as a person’s attempt to commit a violent injury towards another person. The person who committed the crime must have done it on their own free will, knows that the other person does not appreciate what was done, and can do the same crime.
It is different from Battery because when you say Battery, the action to commit the crime or hurt the person is done. Assault is mostly an attempt to use force or did it deliberately.
California sees assault as a misdemeanor and can come with penalties of up to 6 months in county jail or a fine of over $1,000. However, the penalties may become harsher if you committed the crime towards police officers, firefighters, paramedics, traffic officers, search and rescue officers, and other similar jobs. If guilty of this charge, you may face imprisonment of up to a year or fines up to $2,000.
If a weapon is used during the assault, you may be charged with “assault with a deadly weapon” under Penal Code 245(a)(1). It is considered a felony or a misdemeanor, depending on the severity of the crime. If found guilty, you could serve from 2 to 4 years in jail.
Here at Lee Law Group, we can help you understand how assault cases are decided and build a strong defense to help you face the case.
Learning your way around the Encinitas, CA criminal court system can be confusing, especially given the severity of the situation you are in. When you reach out to us here at Lee Law Group, we will guide you through the process and know what you can expect. We will also prepare you so you can protect yourself.
Here is a chronological order of how the Encinitas criminal defense process:
Investigation – This step involves gathering evidence and interviewing witnesses to find out what happened that led to the crime. Your property may even be searched to help with the investigation.
Arrests – If the investigation points that you are involved in the crime, you will be told your charges and rights before you are arrested. But, you must make sure that the charges have probable cause before you let the police arrest you and check your property without a warrant.
Arraignment – This is the time you appear in court, and you are told your rights and charges. It is also the time you are allowed to enter a plea.
Bail – This can be discussed during the arraignment or in a separate hearing. Depending on your case, you may not be allowed to file for bail.
Pretrial – This is the period when both parties sort out their cases, file motions, and challenge evidence.
Trial – Both parties will be given a chance to present their evidence and arguments to the jury and judge. The prosecution will try to show that you are guilty beyond any reasonable doubt.
Sentencing – Once the evidence and arguments have been presented, the judge or jury will hear the recommendations provided by both parties and decide your sentence if you are guilty or not.
Appeals – If you are found guilty, you can appeal and show additional evidence that indicates why you should not be charged.
The criminal defense process is very confusing, and if you do not know how this goes, you may end up losing the battle before it even started. With the help of Lee Law Group, you can be reassured that you will be prepared and defended by a team that knows how life-changing this issue is.
Here at Lee Law Group, we ensure that our clients get the legal support they need when they reach out to us. We will sit down with you to know how we can plan your defense and ensure that you know what to expect. Our team of lawyers is always up for a challenge and will use all their expertise to get the best result for the case.
Don’t settle for law firms that can’t help you understand the process and don’t have the right credentials to help you. Contact our team, and we will let you know how we can help you go back to your normal life.
If you want a criminal defense attorney that you can trust, Lee Law Group will not let you down. When you reach out to us, we will review all the facts surrounding the case, explain to you the entire process, and help you prepare at the same time. We will also aggressively negotiate that you get the best court resolution for your case and get you the justice you deserve.
Call Lee Law Group today at (619) 349-1588 for your Free Consultation with a talented Encinitas Criminal Defense Lawyer!
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