As your aggravated assault defense lawyer, we can help you if you are facing charges of attempting to hurt another person. We are a criminal law firm representing clients in Ventura County who have found themselves accused of violent crimes. We win cases for clients even in difficult situations.
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California law defines an "assault" under Penal Code 240 PC as "an unlawful attempt, coupled with a present ability, to commit a violent injury upon another person". Simply put, it means the intent to purposely injure another person.
Because California law does not require an actual injury during this crime, it is easy for people to be falsely accused of, and wrongfully arrested for, this offense. We understand exactly how to investigate and defend against these types of charges.
You need an aggravated assault defense lawyer to help you better understand what constitutes this crime. We can answer the frequently asked questions about the California law regarding this crime by addressing the following:
- What does "aggravated" mean with regard to the crime?
- What is the difference between "assault" and "battery"?
- How do prosecutors prove that a person committed the attack?
- What are the penalties, punishment, and sentencing for committing this kind of attack?
- How do I defend against this allegation?
A person is guilty of an aggravated attack if he or she attempts to cause serious bodily injury purposely, knowingly, or recklessly with disregard to the value of human life. This crime also occurs when a person purposely or knowingly attempts to cause bodily injury to another with a deadly weapon or faces gun related charges. In all jurisdictions, statutes punish this crime as an attack with the intent to murder, rob, kill, or rape, and an attack with a dangerous or deadly weapon.
You need an aggravated assault defense lawyer to determine whether the crime is an assault or battery. An assault is defined as the attempt, paired with the ability, to injure someone illegally. Battery is the actual use of force or violence on someone. If you attempt to throw a punch at someone, but miss, you can be charged with assault, even if there was no physical contact. If the punch ended up hitting someone else, you could be charged with assaulting your intended target and battering the actual victim.
A prosecutor must prove that:
- The defendant did an act that by its nature would directly and probably result in the application of force to a person.
- The defendant did that act willfully.
- When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone.
- When the defendant acted, he had the present ability to apply force to a person.
An aggravated assault defense lawyer can assist a person charged with an attack in California who faces the following penalties:
- A fine of up to $2,000
- Up to 1 year in jail
- Up to 6 months' probation
- Possible community service
- Possible loss of right to own or possess weapons
An experienced aggravated assault defense lawyer can use certain defenses available to you if you are charged. They can argue that you were simply acting in self-defense; that the victim consented to the attack; or that you are factually innocent and the accusations are false or inaccurate. If these defenses are effectively argued, the charge against you may be reduced to a lesser crime or dismissed altogether.
Drawing from our extensive years of experience, we will meticulously review your charges and develop a defense strategy to help you achieve the best possible results.
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The Law Offices of David Lehr provides aggravated assault defense lawyer service in Ventura, Oxnard and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.