Montrose Assault Defense
Winfield Law provides top-notch legal aid for criminal assault defense. Assault is a criminal offense that involves an attempt to commit a violent physical attack on another person. It is defined under Penal Code § 240.
A person can be charged with assault even if the victim does not have any actual injury as long as the perpetrator is proven to have the knowledge, intent, and the ability to do the harmful act. The term for causing serious injury to another person due to the use of physical force is battery, which is why people often confuse assault with battery. It is essential to know that the two crimes—assault and battery—are different and do not always go together.
An assault charge can weigh heavily on a person’s history. No one wants their future employers, business partners, or any person in their life to think that they have the tendency to be violent. In handling a criminal assault case, Winfield Law is here for you. We are an aggressive and focused law firm that can surely provide you all the needed expertise and resources for the best assault defense legal aid you can get in Montrose, CA.
Call Winfield Law today at 310-742-8949 for your free consultation!
Understanding Criminal Assault
Can a person still be charged with criminal assault if he swings a punch at another nearby person and misses? Assault is quite often a subjective case, considering that it is focused on “what could have happened” instead of facts that have already occurred. According to California law, in classifying a case as a simple criminal assault, the following elements must be present in the situation.
1. The person did an act that would possibly result in the use of force against another person. “Force” in this context would mean any harmful or offensive physical contact, regardless if it did not cause any injury.
2. He did it intentionally.
3. The person was aware that what he did is likely to result in the use of force against someone.
4. The person had the ability to do violence at the time he did the act.
Simple assault cases in California are misdemeanor cases, with penalties of up to $1,000 in fines and up to six months in county jail. Although some cases have harsher penalties because of the identity of the victim, committing assault to people like emergency doctors, traffic officers, school employees, firefighters, and lifeguards, among others, would likely result in worse legal repercussions: a year of jail time and fines of up to $2,000.
Wobbler assault cases
Some assault charges are considered as wobbler cases, which means they can either be a small misdemeanor or a worse case of a felony depending on the facts of the case. Wobbler cases can be penalized with one year, 16 months, two months, or three months in jail, along with a $2000 fine and probation of one to three years. Here are other kinds of assault that are more likely to be felonies:
1. assault against a juror in the case.
2. assault against a custodial officer (e.g., a prison corrections officer)
3. assault against a school district police officer
Common Legal Defenses Against Assault
Winfield Law can give your case the best and fairest legal services no matter how challenging it may be. Here are a few examples of how a case of criminal assault can be defended in court:
1. The defendant only acted in self-defense.
2. The accusation was false.
3. The defendant had no intention to commit assault.
4. The defendant had no ability to injure another person through physical force.
Trust Winfield Law For Your Assault Case.
Winfield Law is a team of seasoned and vicious lawyers that have been defending criminal cases for years with impressive legal resources and expertise. We fight for the innocence and freedom of our clients with the conviction that all people must have the benefit of getting the best legal aid they can have to defend their criminal case. We are the right choice, and we want to be your defense attorneys.
Free Assault Defense Consultation
Take the opportunity to work with us, the best criminal defense firm for your assault charge. We understand how intimidating and stressful it can be to face a criminal trial, especially with an assault case that can tinge your record with violence if not handled carefully. Winfield Law is here for all your Montrose legal needs. Let’s talk about your case today. It all starts with your call!
Call Winfield Law today at 310-742-8949 for your free consultation with a criminal assault defense lawyer!