Don’t Wait to get Powerful Defense for Your Charges
If you or someone you love has been arrested for the crime of assault, you both might be wondering how you could be arrested when you never even touched anyone. You’re probably saying to yourself; “no punches were thrown, no one was hurt, and so no crime happened, right?”
You might be surprised to learn that assault does not require the actual use of force or violence. The crime of assault is often confused with the crime of battery, which does require the actual application of force to another person.
This is a violent offense, and California Penal Code §240 defines assault as:
- An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
The crime of assault, in essence, is the attempt to perform an act likely to result in the application of force to another person. There is no requirement that the assault result in an actual application of force to another person, only the attempt and present ability to use force are required. So, even if you didn’t actually strike or hurt the alleged victim, you can still be charged with assault.
Penalties for Assault
Misdemeanor Assault in California is punishable by 6 months in jail and a $1,000 fine. The crime of assault can be charged as either a felony or misdemeanor if a deadly weapon or force likely to produce great bodily injury is alleged (See Penal Code §245).
In addition to jail, fines and probation, an assault conviction can also affect your ability to hold a professional license, and leave you with a criminal record. If you are facing assault charges, contact an assault attorney in San Diego immediately for help in developing a strong defense on your behalf. The Law Office of San Diego assault lawyer Marc S. Kohnen is ready to assist you in aggressively defending your rights.
Need a San Diego assault attorney to fight charges? We can fight for you!
Even if you have been charged with assault, under certain circumstances, your actions may have been lawful if you acted in self defense, the defense of others or property, or acted to prevent the commission of a crime. As these defenses are only available if you acted in reasonable and proportional response to the threat or crime, it is important that your case is investigated thoroughly by our firm.
The sooner you can involve our office and network of investigators and experts, the better position the firm will be in to help in your case. Don’t wait as the police continue to gather evidence to use against you, while you do nothing. If you or a loved one has been investigated or arrested for assault, call The Law Office of Marc S. Kohnen for a free consultation immediately!