El Cajon Assault Lawyer
El Cajon Assault Attorney
Facing an assault charge can be a serious legal matter, and you deserve counsel and representation that takes the protection of your freedoms and future with just as much gravitas. When you find yourself facing these charges, you need to contact an El Cajon assault lawyer as quickly as possible. The sooner you secure legal assistance, the sooner we can work to secure your rights. These charges have serious penalties, and your livelihood could be at risk.
Often, individuals use the terms assault and battery together; however, these are two distinct crimes. Assault does not require any physical contact to be made with another person; there only needs to be an act with the intention of causing physical harm. Battery is the actual physical contact that follows assault. Though it might not seem as serious, assault can lead to devastating consequences, and you will need the support of an attorney.
In the state of California, assault is an unlawful attempt with the ability to commit violence or injury to an alleged victim. To be charged with assault, you must have allegedly:
- committed an act that could have resulted in applied force to a victim
- done so willfully or intentionally
- been aware of the result of applying this force or act of violence
- had the physical ability to use this force against the victim.
There are several types of assault in California, including the following:
- Simple Assault: Often classified as a misdemeanor, simple assault is a less serious form of assault and can include behaviors such as throwing a glass at someone or pushing or threatening to hurt someone while involved in an argument.
- Felony Assault: When these charges arise, it means the circumstances of the alleged assault included the infliction of serious injury. Felony assault includes assault with a deadly weapon, assault of a public official, assault of a police officer or emergency personnel, and assault with a chemical.
- Assault With a Deadly Weapon: Assault with a deadly weapon can occur when you attempt to harm someone with a deadly weapon, such as trying to stab someone, throwing a knife at another individual during a fight, using a gun in the course of an assault incident, or instructing your dogs to attack another person with violence.
- Assault of Public Persons: When an assault is committed against a police officer, paramedic, firefighter, or other emergency service personnel, this can be a felony.
- Assault With Chemicals: When an assault is carried out with the use of chemicals, it is often done in a manner to burn, harm, or disfigure someone. This can include hate crimes when people are assaulted with acid being thrown at them, even if the acid did not actually harm them.
- Throwing Objects at a Motorized Vehicle: In certain cases, throwing something at a car will only result in a misdemeanor charge. If the object thrown could have caused severe harm or injury to a person inside the vehicle, this charge could be raised to a felony.
How the Attorneys at Lee Law Group DUI & Criminal Attorneys Can Help You When Facing Assault Charges
Since 2003, the criminal defense attorneys in El Cajon, CA at Lee Law Group DUI & Criminal Attorneys have been helping our clients get back on their feet following an assault charge. We have dedicated our professional careers to ensuring we can do everything in our power to ensure our clients are given the most robust defense to seek lesser charges, a lighter sentence, or a complete dismissal of the charges brought against them.
These charges might not seem fair and we are here to offer our services so that your reputation, personal life, and professional career might remain intact. With your future at stake in an assault charge case, trust the attorneys at Lee Law Group DUI & Criminal Attorneys.
FAQs
Q: What Elements Are Needed to Prove Assault in California?
A: There are several elements that the prosecution assigned to your case will have to prove beyond a reasonable doubt in order for you to be convicted of an assault charge. They will have to prove that you committed the act and knew that it would result in an application of force against another person, that you acted willfully, and that you had the ability to apply this force.
Q: What Are Some Common Penalties for Assault Charges in California?
A: One can face many penalties if convicted of an assault charge in California. The penalties involved in your specific case will depend on the nature and severity of the assault. Penalties can include jail time, fines, restitution payments made to victims, parole, probation, and the loss of certain rights if charged with a felony.
Q: What Defenses Can Be Used Against Assault Charges?
A: There are several defenses that can be used against assault charges when you work with the team at Lee Law Group DUI & Criminal Attorneys. The availability and validity of these defenses will ultimately depend on the nature and severity of the assault that allegedly took place. Common defenses include a lack of evidence, acting in self-defense or in the defense of others, false allegations, having an alibi, or not having the actual ability to use force.
Q: What Is the Deadline for an Assault Charge in California?
A: The deadline for an assault charge, or the statute of limitations, depends on whether the charge is for simple assault or felony assault. For simple assault, the statute of limitations may be significantly less than that of felony assault. If the statute of limitations has passed, no charges for assault can be brought against you. Determining and proving the actual date the alleged assault occurred could make a big difference in your case.
Contact a Skilled Assault Lawyer
If you or someone you love is facing assault charges in California, you need the legal support and guidance of a criminal defense attorney from Lee Law Group DUI & Criminal Attorneys. For over 20 years, our team has committed themselves to the defense of individuals facing countless forms of criminal charges. We understand the complexity of these cases and how frightened and overwhelmed you may feel at this time. Contact our office today to schedule your consultation.
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Call Lee Law Group DUI & Criminal Attorneys today at (619) 349-1588 for your Free Consultation with a El Cajon Criminal Defense Lawyer!
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