San Francisco Assault Defense Attorneys

Assisting Individuals who are Facing Assault Charges in California Criminal Courts

Pursuant to the California Penal Code, assault is a misdemeanor offense in the State of California. In order to be charged with assault, a person must have attempted to injure another person violently. Words alone are never sufficient under the law to rise to the level of criminal assault. An assault conviction can subject you to significant monetary fines, as well as time in jail.

Judges and juries treat assault charges very harshly. If you have been charged with assault, you need an attorney on your side who understands how to defend against allegations of assault. The experienced San Francisco assault defense lawyers at The Law Offices of David S. Chesley understand the seriousness of an assault charge and the potential penalties that a judge can impose upon conviction. Our skilled legal team can represent you throughout your criminal case and help you obtain the best possible outcome. Call us today to schedule a free consultation.

What Qualifies as a Criminal Assault?

In order to be convicted of assault, the prosecutor must demonstrate all of the legal elements of the crime beyond a doubt based upon reason and ordinary common sense. Specifically, the prosecutor must be able to show the following:

• That the defendant undertook some action which would likely result in force being used against another person
• That the defendant’s act was intentional and willful
• That the defendant knew about certain facts causing a reasonable person to believe that his or her actions would result in the application of force to the alleged victim
• That at the time of the defendant’s act, the defendant had the present and apparent ability to inflict force on the other person

Battery, unlike assault, refers to actual violence or force being used by one person against another person. When it comes to applying force in the assault context, any rude, offensive, or harmful touch satisfies the legal definition. Moreover, in order to satisfy this element, the defendant need not actually succeed in applying the force to the other person. Rather, the defendant must have only undertaken some action that would make it likely that force would be applied to the other person.

With regard to the willful element of an assault charge, the defendant must have undertaken the act on purpose. The defendant need not have intended to hurt someone else or violate the law.

The experienced San Francisco assault defense attorneys at The Law Offices of David S. Chesley can determine whether, based upon your circumstances, the prosecution will likely have difficulty meeting its burden of proof in your case.

Consequences of an Assault Conviction

A conviction for assault in California comes with severe consequences. In many assault cases, the inclination is to believe the victim. If you are convicted of assault in a California court, you may be sentenced to the following:

• A lengthy period of misdemeanor probation
• A maximum of six months of incarceration in the county jail
• A fine not to exceed $1,000

If you are convicted of assaulting a police officer or emergency personnel, the penalties for an assault conviction are even higher than they are for a simple assault conviction. These heightened penalties may apply in cases where the alleged assault victim is a police officer (or other law enforcement officer), lifeguard, traffic officer, emergency medical technician (EMT), paramedic, firefighter, animal control officer, or a physician or nurse who is in the process of providing emergency medical care.

If the alleged assault victim is a member of one of these professions, then the defendant could be sentenced to a maximum of one year of incarceration in the county jail, along with a maximum monetary fine of $2,000. This same maximum monetary fine applies if the alleged assault victim is a parking control officer who is in the process of performing his or her job duties.

Other related assault crimes can result in more severe penalties, including assault with a deadly weapon, assault on a public official, and assault with caustic chemicals.

If you are facing an assault conviction, a criminal judge will be the one who assesses the penalty in your case. The prosecutor will typically recommend the penalty that he or she feels is appropriate. The Experienced San Francisco assault lawyers at The Law Offices of David S. Chesley may be able to recommend a plea deal, a charge reduction, or a reduced penalty to the sentencing judge who is hearing your case.

Asserting a Legal Defense to Your Charge

There are several defenses that a defendant may be able to assert in response to an assault charge. Some of these defenses are complete defenses, meaning that they could result in a complete dismissal of your charge. Those defenses include the following:

• Inability to commit the assault crime – This defense may become available in cases where the defendant was somehow incapacitated at the time of the alleged assault, precluding him or her from being able to commit the crime.
• Self-defense or defense of others – This defense may apply to an assault charge if the defendant had a reasonable belief that he or she (or another person) was in immediate danger of serious bodily harm; the defendant had a reasonable belief that he or she must use immediate force in order to ward off this harm; and the defendant used a proportionate amount of force against the other person in order to defend against the risk of harm.
• Lack of specific intent – In cases where the defendant lacked the specific intent to commit the assault crime, he or she cannot be found guilty or convicted of assault. In some cases, the defendant’s actions may have been accidental, or the alleged victim may have misinterpreted the defendant’s actions.
• False accusations – In some instances, a defendant is unlawfully accused by an individual who files assault charges out of anger, jealousy, or a desire for revenge against the defendant (often in cases that involve child custody).
• Mistaken identity – In some cases, the alleged victim may be mistaken about the true identity of the perpetrator and may have mistakenly identified the defendant as the individual who committed the crime.

 

The knowledgeable legal team at The Law Offices of David S. Chesley can review which of these defenses may be available to you in your case and can assert the appropriate defense(s) on your behalf at trial.

Call Us Today to Speak to a San Francisco Assault Defense Attorney

If you find yourself being charged with assault, you do not want to handle the case on your own. Given the potentially serious criminal penalties that a sentencing judge may impose upon conviction, a charge involving an assault should never be taken lightly.

The criminal defense attorneys at The Law Offices of David S. Chesley understand the serious nature of criminal assault charges in California. Our legal team will first ensure that all of your rights remain protected throughout the criminal process. We can also ensure that you receive thorough, result-oriented legal representation, both when negotiating with prosecutors and in the courtroom during a criminal trial and sentencing hearing.

To schedule a free consultation and case evaluation with our experienced California assault lawyers, please call us today at 1-800-755-5174, or contact us online.