Assault

Assault Lawyer in Bakersfield, CA

What is Assault?

Assault is the threat of bodily harm or injury against someone else. You do not have to actually physically hurt another individual to be charged with assault. Assault is often charged in association with battery, generally known as "assault and battery," which is the threat and then execution of bodily harm or injury against an individual.

Assault is a serious crime that will go on your record and result in you facing:

• Jail time
• Monetary fines
• Probation if you are convicted

What are the Penalties for Assault in California?

Felony assault charges include assault with a deadly weapon. The use of a handgun or other firearm or weapon in the commission of a crime, or in an attempt to commit a crime can lead to felony charges with heavy penalties, including time in state prison up to 4 years and a fine of $10,000 under the California Penal Code, Section 244. When the accusation involves a weapon other than a firearm, the penalties are equally severe. When the offense was committed on school grounds or the alleged victim was a law enforcement office, the penalties are increased. Your prior criminal record and the circumstance of the crime will all be considered during sentencing. This is why it is so essential to hire an experienced criminal defense attorney.

What is the Difference Between Assault and Battery?

Assault and battery are distinct legal concepts often associated with physical harm or threats of harm, but they represent two different elements of a criminal offense. Here is the key difference between assault and battery:

Assault

Assault refers to the intentional act of causing another person to reasonably fear that they are about to be physically harmed. It does not necessarily involve physical contact. The mere threat or apprehension of harm is enough to constitute an assault. For an act to be considered an assault, it must meet the following elements:

• Intent
• Apprehension
• Imminent Threat

Battery

Battery involves the intentional and unlawful physical contact with another person, which results in harm or offensive contact. Unlike assault, battery requires actual physical contact. To establish a case of battery, the following elements need to be present:

• Intent
• Physical Contact
• Lack of Consent

In many jurisdictions, assault and battery can be charged separately, but they can also be charged together if both the threat (assault) and the physical contact (battery) occur in the same incident.

The severity of the charges and potential penalties depend on various factors, including the extent of harm caused, the specific circumstances of the incident, and local laws and regulations.

Assault Crimes FAQS

What constitutes assault under California law?

Assault in California involves the unlawful attempt, coupled with the present ability, to commit a violent injury on someone else. This can include actions like threats of violence or attempted physical harm.

What are the potential consequences of being charged with assault in Bakersfield, CA?

Depending on the circumstances, assault charges can range from misdemeanors to felonies. Penalties may include fines, probation, community service, and imprisonment. Aggravating factors such as the use of a weapon or injury to the victim can lead to harsher sentencing.

What defenses are available for individuals accused of assault?

Defenses can include self-defense, defense of others, lack of intent, mistaken identity, or insufficient evidence to prove the alleged assault occurred. A skilled criminal defense attorney can evaluate the details of the case and build a strong defense strategy accordingly.

Should I hire a criminal defense attorney if charged with assault in Bakersfield, CA?

Yes, it's crucial to have legal representation when facing assault charges. An experienced attorney can protect your rights, negotiate with prosecutors for reduced charges or penalties, and advocate for your best interests in court, aiming for the most favorable outcome possible.

Assault Attorney in Bakersfield

At Humphrey & Thompson, we have decades of experience defending our clients who are charged with violent crimes such as assault, battery, domestic violence and murder. We understand the legal process and will be able to analyze your case to determine the best form of defense for your charges. There are many viable defenses that may be applicable to your situation, and with an assault defense attorney's help, your charges may end up reduced or dropped.