Assault Lawyer in Ventura

The crime of assault or “simple assault” can be found under California Penal Code 240. Under this statute, assault is defined as the attempt to inflict physical harm upon another person. To prove you committed the crime of assault, the prosecutor must show the defendant had the intention to inflict harm upon another person. Additionally, they will need to demonstrate you had the present ability to commit the crime.

For example, if a defendant picked up a rock and threw it at a victim during an argument, they committed the crime of assault. In this example, both the intention and the present ability to commit the assault are present.

Alternatively, if the defendant stood across the room and threatened to knock the victim out if he ever sees him again, there was no assault. Both elements of assault are missing, since there is no present intention to cause harm, and the threat is of future harm, not present harm. If one or more elements of the crime are missing, you should not be found guilty of committing assault. California divides crimes into three main categories: infractions, misdemeanors, and felonies. Simple assault falls into the misdemeanor category. Misdemeanors commonly have a maximum of one year in jail. In most situations, assault is punished by a fine of up to $1,000 and up to 6 months in jail. However, the penalties can be increased depending on who the victim is or where the assault took place. In some cases, the fine is increased to $2,000, while in others, the jail time can be increased to a maximum of one year.

There are ways you can defend yourself against an assault accusation. For instance, you can argue that at the time of the alleged crime, you did not have the intention of inflicting harm upon the plaintiff. Remember that the prosecution has the burden of demonstrating all elements of the alleged crime were present.

Another argument that can be brought to the court is lack of evidence against you. For instance, it can be argued there is a lack of witnesses that can testify against you, which can lead to the dismissal of your case if no one saw the crime occur.

Another defense available in assault cases is to claim a violation of your constitutional rights. When police seize evidence or get confessions illegally, the evidence or confession cannot be used against the defendant. For instance, if you were not read your Miranda rights when you were questioned about the assault, you could argue that the confession was obtained illegally and should be thrown out as evidence.

Remember that every situation is different, and the opportunity to use certain arguments will depend on the specific circumstances surrounding each case. Our skilled lawyers can help you decide the best defense strategy for your case.