assault
by Marc Kohnen | Dec 26, 2024 | Criminal Defense Attorney

What to Do If You’re Accused of Assault in San Diego

Hello, I’m Marc Kohnen, San Diego’s premier criminal defense attorney. If you’ve been accused of assault in San Diego, the situation can feel overwhelming. As someone who has handled countless high-profile cases and fought tirelessly in courtrooms across California, I want to provide you with practical steps to protect your rights and ensure the best possible outcome for your case.

Assault charges in San Diego can have serious consequences, but with the right approach and a skilled San Diego criminal defense attorney by your side, you can navigate this challenging time effectively. Let’s dive into what you should do if you’re facing assault charges.

Step 1: Stay Calm and Avoid Self-Incrimination

When accused of assault, emotions often run high. Staying calm is crucial. Avoid arguing with law enforcement or others involved in the situation.

Why You Shouldn’t Explain Your Side Immediately

You might feel tempted to explain yourself to clear up any misunderstanding, but anything you say can and will be used against you in court. Politely inform the police that you wish to remain silent until you’ve spoken with your attorney.

Step 2: Understand the Nature of Assault Charges in San Diego

Assault charges in San Diego fall under California Penal Code Section 240. These charges can range from misdemeanor assault to felony aggravated assault, depending on the severity of the incident and whether weapons or serious injuries were involved.

The Difference Between Assault and Battery

Many people confuse assault with battery. Assault refers to an attempt or threat to cause harm, while battery involves actual physical contact. Understanding these distinctions is important when building your defense.

Step 3: Document Everything You Can

As soon as possible, write down everything you remember about the incident. Include:

  • The events leading up to the accusation
  • What happened during and after the alleged assault
  • Names of witnesses or anyone who may have seen what occurred

This information will help your defense team build a strong case.

Step 4: Avoid Contact with the Alleged Victim

Reaching out to the alleged victim, even with good intentions, can harm your case. This could be perceived as intimidation or tampering, which might lead to additional charges. Let your attorney handle all communications.

Step 5: Hire a Skilled San Diego Criminal Defense Attorney

This is the most critical step you can take. Assault charges are serious, and navigating the legal system without an experienced attorney puts you at a significant disadvantage.

Why Choose Me, Marc Kohnen?

Since founding my law office in 2008, I’ve dedicated my career to defending clients like you. My cases have been featured on national platforms such as CNN, MSNBC, and The Wall Street Journal. From obtaining not guilty verdicts in felony murder cases to successfully defending clients against misdemeanor DUIs, I bring a wealth of courtroom experience to every case.

When you work with me, you’ll receive personalized attention and a strategic defense tailored to the specifics of your case.

criminal law

Step 6: Begin Building Your Defense Immediately

Time is of the essence in assault cases. The sooner your defense team gets involved, the better your chances of securing a favorable outcome.

Strategies I Use to Defend Assault Charges

  • Challenging Evidence: Was there enough evidence to justify the charge? I scrutinize every detail to ensure nothing has been overlooked.
  • Proving Self-Defense or Defense of Others: If you acted to protect yourself or someone else, this can be a strong defense.
  • Demonstrating Lack of Intent: Assault charges often hinge on proving intent. I examine whether this element can be challenged.
  • Witness Testimony: I gather statements from witnesses who can support your version of events.

Step 7: Comply with All Legal Requirements

Attend all scheduled court hearings and comply with any conditions set by the court, such as restraining orders or bail terms. Missing a court date can lead to additional charges and make your case harder to defend.

Step 8: Stay Off Social Media

Anything you post online can be used against you. Avoid discussing your case or anything related to the incident on social media. Even seemingly innocent posts can be taken out of context and used to harm your defense.

Step 9: Focus on the Long-Term Impact

An assault conviction can have lasting consequences, including jail time, fines, probation, and a permanent criminal record. This could impact your job, housing opportunities, and personal relationships. By working with a skilled criminal defense attorney, you can minimize these risks and protect your future.

Call Me for Help Today

Being accused of assault is a serious matter, but you don’t have to face it alone. With years of experience, countless victories in San Diego courtrooms, and a proven track record in defending clients against assault charges, I’m here to fight for you.

Call now to schedule a consultation with a San Diego criminal defense attorney. We’re available 24/7 to provide assistance.
📞 (619) 398-2500
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Let’s build a strong defense together.