Bakersfield Aggravated Assault Defense Lawyer

If you or a loved one has been arrested for aggravated assault in Bakersfield, the consequences can be life-changing. California takes violent crime charges extremely seriously, and prosecutors often pursue the harshest penalties possible. When your freedom, future, and reputation are on the line, you need our Bakersfield aggravated assault defense attorney who understands how Kern County courts operate and knows how to fight back.

At Humphrey & Thompson, we defend clients facing aggravated assault and other violent crime allegations throughout Bakersfield and surrounding communities. We know what it takes to challenge the prosecution’s case, expose weaknesses in the evidence, and work toward dismissal, reduction, or acquittal.

Call to connect with an aggravated assault defense attorney today.

What is Aggravated Assault?

Under California law, assault becomes aggravated when the act involves circumstances that heighten the seriousness of the offense. Aggravated assault, also known as assault with a deadly weapon (ADW) or assault by means likely to produce great bodily injury, is covered under California Penal Code §245.

A person may be charged with aggravated assault if they allegedly:

• Used a deadly weapon such as a knife, firearm, blunt object, or vehicle
• Used force likely to result in significant or great bodily injury
• Assaulted a protected individual, such as a police officer or first responder
• Acted in a manner considered especially dangerous or violent

Importantly, no actual injury is required for prosecutors to pursue aggravated assault charges. The allegation alone that you attempted or threatened to use force under aggravating circumstances can be enough for a felony charge.

This makes it extremely common for misunderstandings, false accusations, exaggerated police reports, or self-defense situations to result in life-altering criminal charges.

Penalties for Aggravated Assault in California

Aggravated assault is typically a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or felony depending on the facts of the case, the alleged victim, and your criminal history.

Below are the potential penalties you may face:

Misdemeanor Aggravated Assault

If charged as a misdemeanor, penalties may include:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation
• Mandatory anger-management or counseling programs
• A criminal record that affects employment, housing, and licensing

Felony Aggravated Assault

A felony conviction carries significantly harsher consequences, including:

• 2, 3, or 4 years in California state prison
• Fines up to $10,000
• Formal probation
• Strike penalties under California’s Three Strikes Law, depending on the circumstances
• Loss of firearm rights
• Immigration consequences for non-citizens

Enhanced Penalties

Penalties can increase further if:

• A firearm was used
• The assault involved a police officer, firefighter, or other protected individual
• The victim suffered great bodily injury
• The offense occurred during another crime

Because aggravated assault sentencing in California is highly nuanced, it is critical to have a Bakersfield aggravated assault defense lawyer evaluate your case and determine the best defense strategy.

Legal Defenses to Aggravated Assault Charges

Aggravated assault cases often hinge on the prosecutor’s interpretation of events, which is why a strong defense can make the difference between freedom and a lengthy prison sentence. At Humphrey & Thompson, we tailor every strategy to the unique facts of your case.

Common defenses to aggravated assault charges include:

• Self-Defense or Defense of Others: If you reasonably believed you or someone else was in imminent danger, and the force you used was proportionate, you may have acted lawfully.
• Lack of Intent: Assault requires intent. If the event was an accident or misunderstanding, you cannot be convicted.
• False Accusations: Aggravated assault allegations often arise from heated disputes, family conflicts, or revenge-driven claims. We expose inconsistencies and credibility issues.
• Mistaken Identity: If the wrong person was blamed or the evidence is unclear, your attorney can challenge eyewitness accounts and police assumptions.
• No Deadly Weapon or No Means to Cause Great Bodily Injury: Prosecutors must prove that the weapon or force used was capable of causing significant harm. If they cannot, the charge should be reduced or dismissed.
• Insufficient Evidence: If the state cannot meet its burden beyond a reasonable doubt, your charges cannot stand. We challenge every piece of evidence — from witness statements to forensic reports to police procedures.

A strong defense begins with immediate legal representation. The sooner you involve a qualified lawyer, the better your chances of protecting your rights and future.

Call or contact us online today to get started on your personalized defense.