Assault

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." Assaults can range in severity and can occur with or without a weapon. When a weapon is involved the penalties can be far more serious. The weapon does not actually need to be used in the assault for a charge to be filed against you and almost anything can be considered a weapon. A baseball bat is not a weapon if it is used to play baseball, but if it is knowingly waved in someone’s direction it can constitute an assault with a weapon. Merely having a weapon openly on your person while taking part in an assault can be grounds for a more serious charge to be laid against you.

 

For a defendant to be convicted of assault under California Penal Code Section 240, all of the following must be true:

  1. The defendant did something that was likely to result in the use of force against someone else;

  2. The defendant did so willfully;

  3. The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person; and

  4. When the defendant acted, he or she had the ability to apply force to the other person.

People often confuse the phrase “assault & battery,” with regular “assault.”  Assault and Battery are actually two separate distinct crimes. The crime of battery consists of the actual use of unlawful force or violence against someone else.  Regular assault can result from just an attempt to do so.

Depending on the circumstances of your case, your history and the severity of the charge, you could be facing significant jail time. A conviction for assault will go on your criminal record and will have lasting consequences that may seriously affect your future.

Skilled Representation for All Types of Assault Charges

At Law Office of Earl Robertson III, we have the requisite knowledge and experience to defend our clients against all different types of assault charges. Some of the more common charges include:

  • Assault

  • Domestic Assault

  • Aggravated Assault

  • Assault Causing Bodily Harm

  • Assault with A Weapon

No matter the severity of the charge, it is never advisable to face these types of criminal charges on your own. Because of the serious consequences attached to an assault conviction, it is always prudent to seek the help of a lawyer experienced in defending assault charges. Our lawyers will meet with you in person to understand the unique facts of your case. We will assess your situation and advise you of any possible defenses. We are not afraid to fight vigorously for your rights at trial and we will ensure that you achieve the best possible outcome given the circumstances of your case.

Aggravated Assault

Unlike assault, which is defined simply as "an unlawful attempt, coupled with present ability, to commit a violent injury upon another person" (California Penal Code Section 240), aggravated assault involves a clear intent to commit serious bodily injury to another. In other words, an assault charge becomes aggravated if it is apparent that the perpetrator wanted to inflict major damage with disregard for the victim's life.

According to California Penal Code Section 245, an aggravated assault charge may also be levied against an individual if the assault was committed with a firearm or a deadly weapon of another sort.

Any crime that involves the attempt to murder, rob, kill, rape, or assault with a deadly or dangerous weapon is considered aggravated assault in all jurisdictions.

If you have been charged with aggravated assault, it should not be taken lightly because the potential consequences can significantly impact your life.

At the Law Office of Earl Robertson III, we have the requisite knowledge and experience to successfully defend charges of aggravated assault. In certain situations, it may be possible to have the charges reduced. When you contact our law office, we will take the time to understand the particular circumstances of your case and work to achieve the best possible result. We are not afraid to fight for your rights and protect your interests.

 

Aggravated Battery

Battery causing serious bodily injury—also known as “aggravated battery”—is a form of California battery.

Under California Penal Code 243 d PC, an aggravated battery occurs when:

  1. One person willfully touches another in a harmful or offensive manner; and

  2. The person who has been touched suffers a “serious bodily injury” as a result.

The crime of aggravated battery is what is known as a “wobbler” in California law. This means that it may be charged as either a California misdemeanor or a California felony.

CONTACT OUR LAW OFFICE TO FIND OUT HOW WE CAN ASSIST YOU

Whatever the nature of your offense, we can help. To learn more, contact us using the form below or at 951-977-9828 to schedule a free consultation. Spanish translation services are available.

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