Assault Charges Lawyer in California

Name: Bamieh & De Smeth PLC
Telephone: (805)643-5555
Price range: Free Consultation
Rating: 4.6

An assault accusation can turn your world upside down. The weight of potential legal consequences and the negative perception of assault charges can be overwhelming. At Bamieh & De Smeth, our assault charge lawyers understand your emotional turmoil and uncertainty.

With decades of experience defending Californians against assault charges, we're here to help you understand your situation, explore your options, and fight for your rights with compassion and tenacity.

What Constitutes Assault in California?

Under California law, assault is defined as an unlawful attempt, along with the ability to commit a violent injury to another person. It's important to note that contact is not necessary for an assault charge – the mere attempt or threat of violence can be sufficient.

What Are the Critical Elements of Assault

The four elements of assault include:

An assault charge requires an act that would result in applying force to another person
The individual’s actions were intentional.
The person acting was aware that their actions could result in applying force.
The person was able to apply force at the time of the act.

Penalties for Assault in California

Assault can be a misdemeanor or a felony, depending on the circumstances.

Types of Assault	Charge	Fine/Jail
Simple Assault	Misdemeanor	Six months jail time +/or $1000
Assault on police or EMT while on duty	Misdemeanor	1-year jail +/or $2000
Assault with a harmful weapon	Misdemeanor or Felony	One year in jail +/or $1000 for a misdemeanor or 2–4 years jail time for a felony

The Human Impact of Assault Charges

Being charged with assault can have far-reaching consequences beyond legal penalties. It can affect your relationships, employment prospects, and overall quality of life. An assault charge can also affect your ability to rent an apartment or apply for a professional license. Our assault charge attorneys understand the stress and anxiety you may be experiencing, and we're here to support you through this difficult time.

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Common Defenses Against Assault Charges

Every case is unique, but several defense strategies may apply. Here are some of the most common defenses we consider:

Self-Defense or Defense of Others

If you had reason to believe that you or another person were in danger of physical harm, you may have the right to threaten force to protect yourself or others. This defense requires proving that:

You had a genuine belief in the need for self-defense
Your belief was reasonable under the circumstances
You used no more force than necessary

Lack of Intent

Assault charges require proving that you acted willfully. Your lawyer could present a strong defense if your actions were accidental or unintentional. For example, if you bumped into someone in a crowded space without meaning to cause harm, it would not constitute assault.

Consent

In some situations, such as certain sporting events or medical procedures, consent to physical contact may negate an assault charge. However, you must prove the scope of that consent and not exceed it.

Mistaken Identity or False Accusation

Sometimes, assault charges result from mistaken identity or false allegations. We can work to gather evidence, such as alibis or witness testimonies, to prove your innocence.

The Importance of Skilled Legal Representation

Dealing with the complexities of assault charges requires experience in California criminal law. At Bamieh & De Smeth, we bring decades of experience to your defense. We'll work hard to:

Investigate the circumstances of your case
Identify and interview potential witnesses
Analyze evidence and police reports
Negotiate a reduced charge or dismissal with the prosecutor when possible
Determine the best way to defend yourself based on the specific circumstances you face

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Your Next Steps

A California assault charge requires you to act without hesitation. You can build a strong defense if you seek legal representation without delay. Remember, you have rights, and you deserve to have them protected.

Learn How to Hire an Assault Attorney in California

Our firm knows how important it is to hire an attorney to help you in Ventura and Santa Barbara Counties. The founder of our firm, Ron Bamieh, wrote a book that will answer your questions. You can order the book on Amazon to discover the insights you seek.

Free Consultation at Bamieh & De Smeth

Please reach out to us for a free, confidential consultation. Our assault charge lawyers will listen to your story, explain your options, and help you make informed decisions about your defense. Taking on this challenge alone isn't an option - we are here to help you.

At Bamieh & De Smeth, we believe in second chances and the power of effective legal representation. Contact us today at (805) 643-5555 to take the first step towards protecting your rights and securing the best possible outcome for your case.