Assault Lawyer In San Diego For Criminal Defense
People are sometimes surprised to learn that they can be charged with assault in California even when they did not have physical contact with the alleged victim. California law defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (California Penal Code, Chapter 9, Section 240.) This definition means that physical contact is not necessary for assault charges to be levied against an alleged perpetrator; the mere threat of such contact can represent assault. This is different from the crime of battery, which involves using willful and unlawful force on another person. (California Penal Code, Chapter 9, Section 242.)
If you have been charged with assault, Sanchez & Baltazar Attorneys, P.C. is here to help. We are proud of our reputation as the assault lawyer San Diego criminal defendants trust for fair representation. Scheduling a free case evaluation with an aggravated assault lawyer is the first step toward protecting your reputation and preserving your rights.
How a Criminal Defense Attorney for Assault Charges Can Help
When hiring a criminal defense attorney to represent you against assault charges, it is important to choose a firm with experience handling similar matters for other defendants. S&B Legal represents people charged with a variety of assault-related crimes in the San Diego area:
- Misdemeanor assault. Assault, as defined above, is considered a misdemeanor under California law. Conviction may carry jail time, monetary penalties, or both.
- Felony assault. When an assault involves a knife, gun, or other weapon, an alleged perpetrator may face felony charges rather than misdemeanor charges. Aggravated assault convictions carry steeper penalties.
- Aggravated assault. Aggravated assault charges allege that the perpetrator intended to commit serious bodily injury with no regard for the victim’s life. This charge can also involve assault when the perpetrator used a firearm or other deadly weapon.
- Domestic violence. Domestic violence assault charges involve assault against a spouse, cohabitant, coparent, dating partner, or intimate partner. Consequences for convictions vary but can be significant and far-reaching.
S&B Legal: The Assault Lawyer San Diego Defendants Trust
The experienced criminal defense attorneys at S&B Legal are proud to defend clients in the greater San Diego area. With more than a decade of combined legal experience, Joanne P. Sanchez and Lisbette J. Baltazar understand the significance of criminal charges, and how criminal convictions can come with lifelong negative consequences. The firm is committed to providing a comfortable atmosphere for clients and providing high-quality legal representation at an affordable price. In your free case evaluation, your attorney will help you understand the charges against you, the potential implications if you are convicted of those charges, and your options for moving forward.
Defense Strategies Your Criminal Assault Attorney May Employ
Your misdemeanor or aggravated assault attorney will create and present a robust defense on your behalf, based on the underlying facts and circumstances of your case. A thorough investigation is key, and your legal team will focus on this aspect, as well as on conducting a detailed analysis of all available evidence. Your attorney will also work to identify potential witnesses and prepare them to testify for you in court.
A variety of negotiation tactics may be used before your case ever reaches a courtroom; your assault lawyer may argue that evidence should be thrown out, that felony charges should be reduced to misdemeanor charges, that treatment should be ordered instead of jail time, or that fines and sentences should be eliminated or significantly reduced.
Understanding Section 240 of the California Penal Code
Charges referencing Section 240 of the California Penal Code mean that you are accused of committing simple assault. To be found guilty, the prosecution must show that you:
- Had the ability to apply unlawful force to the victim,
- That you did something that would directly apply unlawful force, and
- That you willfully did so.
The prosecution must also prove that you were aware of facts at the time of the alleged assault that would have made a reasonable person aware that such actions would result in applying unlawful force.
If your attorney can show that you were acting in self-defense or in defense of someone else, or if another legal excuse applies, you should not be convicted of simple assault.
If you are facing assault charges, you need a skilled advocate in your corner. S&B Legal understands California’s criminal laws and justice system well, and we are committed to fighting for defendants’ rights. Schedule your free consultation with an experienced San Diego assault attorney today.