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Pasadena Assault Lawyer

Penalties for Assault in California

Assault is a major criminal offense, and as a violent crime it carries severe penalties for a conviction. Depending on the circumstances of the crime that you allegedly committed, you can be charged with misdemeanor or felony assault. The penalties that you may face will reflect the severity of the allegations, and a simple assault can lead to as many as 6 months in county jail, community service, a $1,000 fine and up to 3 years on probation.

Aggravated assault is a more serious charge, and the penalties will depend on whether you used a gun or another deadly weapon. When this is the case, the jail term can be increased to a minimum of 6 months and a maximum of 4 years in state prison as well as a $10,000 fine. By taking action now and getting an experienced Pasadena assault attorney from our firm to represent your case, you can dramatically improve your chances of a successful outcome in court.


Facing charges for assault in Pasadena? Don't face your charges alone. Speak with our attorney about your case today!


Factors Involved In Assault Charges

The prosecution will charge you with assault if you are accused of acting in a way that is likely to cause serious bodily harm to the alleged victim. This can include attempting to strike the other person or making threats to do so. An important condition of assault crimes is that the accused individual must have had the ability to actually carry out the act, rather than empty threats that couldn't be acted upon.

Battery vs. Assault

The laws for battery and assault will differ from state to state, but many times these terms are used synonymously when they are actually two different charges. The two charges often go hand in hand but that does not mean it is always the case. You may be charged for assault and battery, but you can also be charged for assault alone. Battery however, will require the inclusion of an assault charge, since the act of willful physical content included the intent involved in assault. It is important to know what you are being charged with and what the potential penalties are.

California Penal Code pc 242 lists battery as the act of willfully using force or violence against another person. This does not mean that the other person needs to be hurt for a charge to be made, but some time of unwanted physical contact occurred. Under California Penal Code 240, assault includes an attempt to cause harm, but the physical contact never actually had to have happened. It may have been threats or the clear sign that harm was intended and possible. Someone might attempt to harm another individual by trying to hit them, they instead miss and are taken into custody. This can include a charge for assault, since the intention was clear, but the physical contact was never made. When the prosecution is attempting to prove an instance of batter, they will have the responsibility of showing that you acted willfully, you used force and this was used against another individual.

Depending on the charge, the penalties can vary. A conviction for simple batter can lead to a $2,000 fine, six months in jail, three years' probation and community service. These penalties can be increased when a conviction is for aggravated battery. A conviction for assault is considered a misdemeanor offense and can lead to a fine of $1,000, six months in jail, community service, and the completion of a program. In order to fight against a charge, there are a number of defense options that should be pursued with the representation of a Pasadena assault lawyer. Battery charges are falsely made many times, so don't think that a charge is the same as a conviction. One important defense is the argument against the use of will. The physical contact may have been an accident and if the will cannot be proven then the prosecution may not have a solid enough case.

Contact our office and speak with us about the details of your situation. We provide a free consultation so that you can have the guidance of a professional with the worry of the cost.

Defending Your Rights Against Pasadena Assault Allegations

Assault charges can happen unexpectedly, and many people do not know how to react after being accused of assault. The first step in fighting your charges is to learn more about the specific laws that relate to assault in the state of California. Penal Code 240 PC outlines the specific ways that you can be accused and convicted of assault in a California courtroom, and a Pasadena assault lawyer can help you determine the best defense strategy for your specific charges.

Contact the Law Offices of Matthew Cargal if you have been charged with assault. We can fight for you!