Assault is considered a serious criminal offense with severe consequences, and if you are currently facing charges, a San Diego assault lawyer will be your best ally in this situation, especially to avoid it escaping to felony level.
SB Legal’s assault lawyers are here to help if you are looking for legal representation. Let’s discuss what may occur if you are facing charges related to assault crimes that may lead to a felony conviction.
Key Takeaways
- Assault severity and penalties are highly dependent on aggravating factors. While simple assault is typically a misdemeanor, it can escalate to a felony with much harsher penalties.
- Felony assault convictions carry severe, life-altering consequences. A felony conviction results in a permanent criminal record that negatively impacts future freedom.
- A strong defense, often involving legal counsel, relies on intent and challenging evidence.
An assault charge is not something to be taken lightly, as it can escalate to a felony level, and if it does and you are convicted, your future, freedom, employment, housing, and also your reputation can be severely affected.
A San Diego criminal lawyer will be your best ally during this situation so you can better understand how to protect your rights and minimize the potential impact a conviction may have in your life.
Assault Crimes in California: What you Need to Know
In California, assault refers to the unlawful attempt to use force or violence upon someone else and it is a crime. According to Penal Code Section 240, “an assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Part of the required criminal defense will be to determine if what transpired was a simple assault or an aggravated assault. This, the weapon involved, and the severity of the injuries, will help determine what the charges will be.
When Does an Assault Become a Felony?
A professional San Diego violent crime lawyer such as SB Legal will tell you that a simple assault charge in the state of California is usually classified as a misdemeanor and is punishable by up to six months in county jail or with a fine.
However, a misdemeanor, such as assault, can become a felony if certain aggravating factors are present. Some of these may be the use of a deadly weapon or serious bodily injury.
Penal Code Section 245 classifies felony assault charges in California in the following way:
I. Assaults on Any Person
- With a Deadly Weapon/Instrument (other than a firearm):
- Punishment: Imprisonment in state prison for 2, 3, or 4 years; or county jail for up to 1 year; or a fine up to $10,000; or both fine and imprisonment.
- With a Firearm:
- Punishment: Imprisonment in state prison for 2, 3, or 4 years; or county jail for not less than 6 months and up to 1 year; or both a fine up to $10,000 and imprisonment.
- With a Semiautomatic Firearm:
- Punishment: Imprisonment in state prison for 3, 6, or 9 years.
- With a Machinegun, Assault Weapon, or .50 BMG Rifle:
- Punishment: Imprisonment in state prison for 4, 8, or 12 years.
- By Means of Force Likely to Produce Great Bodily Injury:
- Punishment: Imprisonment in state prison for 2, 3, or 4 years; or county jail for up to 1 year; or a fine up to $10,000; or both fine and imprisonment.
II. Assaults on a Peace Officer or Firefighter (While Engaged in Duties and Knowledgeable of Status)
- With a Deadly Weapon/Instrument (other than a firearm) or by Means Likely to Produce Great Bodily Injury:
- Punishment: Imprisonment in state prison for 3, 4, or 5 years.
- With a Firearm:
- Punishment: Imprisonment in state prison for 4, 6, or 8 years.
- With a Semiautomatic Firearm:
- Punishment: Imprisonment in state prison for 5, 7, or 9 years.
- With a Machinegun, Assault Weapon, or .50 BMG Rifle:
- Punishment: Imprisonment in state prison for 6, 9, or 12 years.
III. General Provisions
- Confiscation: If a person is convicted and the deadly weapon, instrument, or firearm used is owned by that person, the court must order it to be deemed a nuisance, confiscated, and disposed of.
- “Peace Officer” Definition: Refers to any person designated as a peace officer in the specified section of Chapter 4.5.
As you can see, the penalties are harsher when compared to misdemeanor charges and will have a greater impact on the convicted’s life in the long-term.
What Are Some Common Defense Strategies San Diego Criminal Law Firms May Use
There are several key legal defenses against felony assault charges, the most common involves claiming self-defense or defense of others, where an individual uses reasonable and proportional force to protect themselves or another person from imminent harm. Additionally, the defense can challenge the prosecution’s case by arguing a lack of intent, asserting that the defendant’s actions were accidental or unintentional, since felony assault charges typically require proof that the accused intended to commit harm or use force.
Beyond disputing the act itself, a strong defense can also focus on weaknesses in the prosecution’s evidence. This includes arguing lack of evidence, suggesting the prosecution failed to prove the charge beyond a reasonable doubt, or asserting false accusations, where the defense investigates and gathers evidence to show the alleged assault never happened or was exaggerated.
Utilizing one or more of these strategies with a qualified attorney is critical for challenging the charges, aiming for a reduction in penalties, or even outright dismissal.
Why Is It Important To Have A Good San Diego Assault Lawyer
The main reason for having the best legal representation by your side is that you will avoid harsh penalties for assault. These may vary depending on the details of what occurred, the offense and any aggravating factors.
For instance, some penalties may include:
- Prison time: Sentences ranging from two to four years in state prison.
- Fines: Individuals may be required to pay fines that can range from $10,000 to $50,000.
- Probation: Instead of prison time, individuals may be eligible for probation, which comes with certain conditions.
- Restitution: A convicted person may be ordered to pay restitution to the victim(s) as part of their sentence.
- Permanent criminal record: A felony conviction for assault results in a permanent criminal record, which can have long-lasting consequences.
If you or someone you know is looking for a San Diego assault lawyer, request a free initial consultation at SB Legal today and let’s determine the best defense strategies for your specific situation. Contact us!
In Summary
Felony assault is a serious criminal offense in California, defined as the unlawful attempt, coupled with a present ability, to commit a violent injury on another person (PC 240). While simple assault is a misdemeanor, the charge escalates to a felony with severe penalties, including years in state prison, if aggravating factors are present—such as the use of a deadly weapon (especially firearms), actions likely to cause great bodily injury, or if the victim is a peace officer or firefighter engaged in their duties.
Because a felony conviction results in a permanent criminal record and severe consequences impacting freedom and future opportunities, mounting a strong legal defense is crucial. Common defenses challenge the prosecution’s case by claiming self-defense, defense of others, arguing a lack of criminal intent (unintentional action), or asserting a lack of sufficient evidence.
Frequently Asked Questions
What is the fundamental legal definition of “assault” in California according to Penal Code Section 240?
According to California Penal Code Section 240, assault is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Essentially, it is the attempt to use force or violence upon someone else, even if actual contact or injury does not occur.
What are the most significant factors that cause a simple misdemeanor assault charge to “escalate” to a felony charge?
An assault charge escalates to a felony, often called “aggravated assault,” primarily due to three aggravating factors: 1) the use of a deadly weapon or firearm (including semi-automatics and machineguns), 2) committing the assault by any means likely to produce great bodily injury, or 3) the victim being a protected individual, such as a peace officer or firefighter who is engaged in their duties, and the attacker is aware of their status.
Why is “lack of intent” a viable defense strategy against a felony assault charge?
Felony assault charges often require the prosecution to prove that the accused intended to cause harm or use force. If a defense attorney can successfully argue that the actions were accidental, unintentional, or lacked the requisite criminal intent (e.g., it was an accidental action without the attempt to commit a violent injury), this can serve as a defense to challenge or reduce the felony charge.