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What is Considered Assault?
Many people take the right to self-defense for granted. Most people believe they are within their rights to use whatever force is necessary to protect themselves and others. In some instances, this may be the case. However, what the average person considers self-defense often differs from the legal definition. In fact, California has recently introduced new legislation to restrict individual rights when a person is threatened with physical harm.
Assault and battery are defined under California Penal Code Section 240. Section 240 states that assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury.” This means an individual does not have to be “successful” to be charged with assault. For example, suppose someone swings their fist at another person, but the second individual dodges the blow. The individual who swung their first could potentially still be charged with a violent crime. This is only one potential scenario where an individual might find themselves facing assault charges. If you or a loved one have been accused of assault, you must contact an experienced attorney.
What are the Penalties for Misdemeanor Assault?
Because the definition of assault is so broad, the penalties can vary greatly depending on the circumstances of the case. Under California law, an individual may be charged with misdemeanor or felony assault.
Misdemeanor assault is also sometimes called simple assault. Misdemeanor assault usually involves assault with minor or no bodily injuries. Again, someone can be charged with assault in California even if they did not make physical contact with another person. Even a simple assault conviction can result in six months in jail and a $1,000 fine. However, these penalties can increase based on the victim.
Under California law, specific individuals are considered protected victims. These are individuals who, due to their line of work or other circumstances, are considered especially “off limits.” Some examples of protected individuals include but are not necessarily limited to:
- Police Officers
- Firefighters
- Members of the Court
- School Staff
- EMTs/Paramedics
- ER Doctors/Nurses/Staff
If someone is convicted of assaulting a protected victim, the potential penalties increase to 364 days in jail and a $2000 fine. An individual may also face these increased penalties depending on the location of the assault, such as if it took place on school grounds, in a public park, or on public transport.
What are the Penalties for Felony Assault?
Felony assault charges generally result from more serious assault cases. While someone can be charged with assault even if they do not make physical contact with the other person, felony charges generally include instances where some harm was done to another person. They also include cases in which a deadly weapon was used. Under California law, a variety of implements can be considered lethal weapons. This doesn’t include just guns or knives but even baseball bats or other sports equipment. As long as something could be used to kill someone, it can be considered a deadly weapon.
Individuals convicted of felony assault face far harsher penalties than those convicted of misdemeanor assault. Someone found guilty of felony assault can potentially face up to a $10,000 fine and four years in prison.
Depending on the circumstances, some assault cases can be charged as either misdemeanors or felonies. These are called “Wobbler Offenses.” Wobble means going back and forth. These are cases where the line between misdemeanor and felony assault is considered so blurry it is up to the discretion of the court what the charges will be. This unpredictability is one of many reasons it’s essential to immediately contact an attorney if you or a loved one are arrested for assault.
What are Defenses to Assault?
Although California has strict laws regarding assault, there are defenses to criminal charges. The most vigorous defense depends on the specific circumstances of a case.
Self-defense is one example. There are circumstances and situations where an individual is allowed to use force to protect themselves and others. If a lawyer can convince a jury that an individual had no choice but to use force or the threat of force to protect themselves and others, it can potentially result in an acquittal.
Another potential charge is insufficient evidence. The prosecution must be able to demonstrate in court that a suspect is guilty “beyond a reasonable doubt.” This is a legal standard used in criminal cases. This means that the prosecution must present evidence that is convincing and that there is no doubt that the defendant is guilty. If an attorney can demonstrate that evidence is insufficient to prove the defendant’s guilt, it can result in an acquittal.
An inability to cause harm is another potential defense. Under California law, an individual must have both the intention and the capability of harming someone to be guilty of assault. If an attorney can prove a defendant lacks the ability to cause harm, such as if they were physically incapacitated or elderly, this can lead to an acquittal.
These are only a few potential defenses to assault charges in San Diego. Because of the complexity of California’s assault laws, the best defense will vary from case to case. This is why, if you or a loved one has been arrested for assault, it’s vital to consult an experienced defense attorney. An attorney can determine the best possible defense for your specific case.
What Should I Do if I’m Arrested for Assault?
Some individuals may consider California’s assault laws to be especially harsh. A situation in which you believe you are protecting yourself or others can still potentially lead to assault charges. Not only can an assault conviction lead to a prison sentence, it can possibly lead to someone being branded a violent felon. This can make getting and maintaining a job difficult. It can also impact personal and family relationships, and potential fines can be financially devastating. That’s why if you or a loved one have been arrested for assault in California, you should immediately contact the Law Office of George Gedulin.
The team at the Law Office of George Gedulin has over thirty years of combined legal experience, and we’re ready to place it all behind your case. We believe in staging a compassionate yet dedicated defense for all our clients. Our team understands how frightening criminal charges can be, especially if it feels like they’re being “made an example.” This is why we fight to ensure the best possible outcome for all our clients. If you or a loved one has been charged with assault, don’t take chances. Contact The Law Office of George Gedulin today at 858-943-6591 for your free case analysis.
