Assault charges are serious and require the legal services of experienced and effective criminal defense attorneys. In Los Angeles, assaults are aggressively prosecuted and a conviction for assault could result in county jail or state prison along with significant fines and penalties. If you or someone you know is being investigated or charged with assault, speak to one of our Los Angeles criminal attorneys before you speak to law enforcement. Contact the criminal defense lawyers at Rodriguez, Lewis & Kahn at (213) 223-2173 for a free, confidential evaluation of your case.

CALIFORNIA ASSAULT LAW

Assault cases range from simple confrontations and bar fights to assault with a deadly weapon. Assault and “assault and battery” are sometimes used interchangeably, but they are actually distinct crimes. Every battery includes an assault, but an assault that does not lead to physical contact with the victim is not a battery. According to the California Penal Code Section 240, Assault “is an unlawful attempt, coupled with a present ability, to commit a violent injury.” The victim does not have to suffer an injury for an assault conviction. What is important is that the defendant tried to injure the victim and had the ability to do so. Assault under Penal Code Section 240 is commonly referred to as “simple assault” and is generally charged as a misdemeanor when there is not any major injury. Battery is defined in California Penal Code Section 242 as the unlawful application of force to another person that results in either bodily injury or offensive touching. In other words, an assault is an attempt to commit a battery.

In addition to “simple assault” California prosecutors can also charge an assault with a deadly weapon or force likely to produce great bodily injury, also known as aggravated assault or ADW. California Penal Code 245. This is the more serious assault charge. It is usually prosecuted as a felony when there is an assault on a person with a deadly weapon (including firearms) or when a person does an act that by its nature would probably result in the application of force that would likely produce great bodily injury. You can be convicted for ADW even if there is no injury. If there is an injury then it has to be significant or substantial physical injury (great bodily injury). A skilled criminal defense attorney can sometimes get the aggravated assault reduced to a simple assault.

The type of the assault will affect how it is charged and punished. Most assaults can be charged as either misdemeanors or felonies (i.e., they are referred to as “wobblers”).

ASSAULT PENALTIES

Being convicted for assaulting someone can result in a range of different penalties, including:

• County jail or state prison
• Fines
• Probation or parole
• Anger management classes
• Confiscation of weapons
• Restitution to the victim (i.e. reimbursement for medical & hospital bills)
• Deportation.

If you are convicted of a simple assault, you are probably looking at a fine of $1,000 or less and/or up to six months in a county jail and/or the other penalties listed above. If you assaulted someone in a protected group (e.g., a police officer) or in a protected location (e.g., a school parking lot) the penalties are higher. If you used a weapon or gun, the state prison sentence can be as long as 9 years. (If the victim was a police officer, it is 12 years).

Other situations can additionally increase assault penalties. For example, if the assault is charged as a felony, it can be counted as a "Strike" under the California Three Strikes law. There are also enhancements for using a firearm and committing the assault during gang activity. Having a criminal record and other circumstances can also elevate the severity of the punishment.

DEFENSES

Being arrested for assault does not necessarily mean you will be convicted. There are a number of defenses to an assault charge. For example:

• No present ability -- If the gun used in the assault was not loaded there was no ability for you to harm to victim.
• Self defense -- If you thought the victim was going to seriously injure you and you fought back.
• Lack of intention -- If you had no intention of hurting the victim.
• False accusations -- If you didn’t assault the victim.

The prosecution might simply not have enough evidence to prove the elements of the crime. If you can prove that there is a defense to your assault charge, there is a good chance that an experienced criminal defense attorney can get the case dismissed or obtain a “not guilty” verdict at trial.

LOS ANGELES ASSAULT DEFENSE ATTORNEYS

Whether you have been charged with misdemeanor simple assault or aggravated assault, you need to contact an experienced criminal defense attorney to protect your rights. Assaults are aggressively prosecuted and punished in Los Angeles courts. The attorneys of Rodriguez, Lewis & Kahn have many years of experience representing individuals charged with assault and aggravated assault. If you are looking for an aggressive and effective defense to your assault charges call us to discuss your legal options

Contact the offices of Rodriguez Lewis & Kahn for a free and CONFIDENTIAL CONSULTATION. We are available to meet with you and your family to privately and confidentially discuss the specific facts of your assault case and the legal options available to you.