Oakland Assault Charges Lawyers
What Is Considered Assault in California?
In California, assault refers to the act of attempting or threatening to
cause physical harm to another person. This means that even if physical
harm does not occur, and a person has a reasonable fear for their safety,
the defendant can still be charged with assault.
A person must also possess the means in which to carry out the threat of
violence, verbal abuse alone is not enough. Threatening to strike another
person may not be considered assault if the accused had no way of caring
out the threat. Assault can also lead to
domestic violence charges if the accuser is a household member, spouse or dating partner.
Assault and battery are two charges which are often confused, however,
they are two different and distinct crimes. A situation where the intentional
use of violence results in physical injury to another person is considered
battery. For example, throwing a punch with the intention to strike a
person but missing, may be considered simple assault. If that same punch
does not miss and results in physical injury, the crime can be charged
as battery. Due to the complex nature of
violent crimes, many cases which involve battery will also involve charges of assault.
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California Penalties for Assault
The precise nature of assault charges can vary greatly in each individual
situation and can be influenced by factors including:
weapon was involved
- If great bodily harm occurs,
- Who the assault was committed against
Generally, simple assault in California is charged as a misdemeanor with
possible punishments of up to six months in jail and fines of up to $1000.
Those convicted of simple assault will also face a probationary period
of up to six months.
Under certain circumstances, simple assault can also be charged as a felony.
These crimes are known as wobblers and include violence against particular
individuals including members of law enforcement or jurors. Wobbler assault
charges can be punishable by three years in prison and fines of up to
$2000. Penalties for assault can also be increased when the victim is
a health care provider such as an EMT or nurse.
In certain cases that result in charges of both assault and battery, those
convicted may be required to pay restitution to the victim. This monetary
compensation is highly dependent on the circumstances of an alleged incident
and will vary in every case. Restitution can include the costs of various
damages including medical treatment and counseling. Penalties for assault
can be complicated and our attorneys can advise you regarding the specific
nature of you case.
Law Offices of Torres & Caraves Assault Legal Counsel
Assault is a serious criminal charge and if convicted, a person can be
facing years in prison as well as steep monetary fines. A conviction will
also lead to the creation of a criminal record which can drastically affect
where a person is allowed to work or live. If you are suspected of committing
assault, it is vitally important to contact the Law Offices of Torres
& Caraves immediately. Our Oakland
criminal defense lawyers have
more than 20 years of combined legal experience and a proven record of trial-tested representation against charges of assault.
The seriousness of assault charges demands the attention of an experienced
trial attorney. At the
Law Offices of Torres & Caraves, our team includes a former prosecutor and public defender who know how
the prosecution will look to structure the case against you. We can draw
from more than two decades of experience to prepare your defense and maximize
your chances of having the charges reduced or dropped completely. When
you hire our Oakland criminal defense lawyers, you can rest assured that
your case is in knowledgeable and experienced hands.
The sooner you contact our criminal defense attorneys, the sooner we can help. Schedule a free initial consultation