California Penal Code defines Assault as an unlawful attempt to cause a violent injury on another person and having the ability to do so.
What Constitutes the Crime?
- You executed an act that would likely inflict force on someone else.
- You deliberately did so.
- You knew that executing such acts would result in the infliction of force on the other person.
- At the time of the assault, you had the ability to apply force to the other person.
What are the Penalties for Assault?
-Misdemeanor probation and
-Up to six months in county jail, or a maximum fine of $1,000, or both.
What are the Defenses to Assault Charges?
-Because assault crimes don’t result in injury, a valid defense may be characterizing this as a “false accusation.” In that case, your attorney would try to persuade the prosecutor and the jury [if you get to trial] that the “victim” is lying.
-An imposing threat to your safety entitles you to defend yourself. This defense applies in a situation where you reasonably believed someone posed a threat to your safety, and used no more force than was necessary to stop it, attempted to use no more force than was necessary.
To speak with a knowledgeable attorney about your case, call Gurovich, Berk & Associates today for a free consultation (818) 205-1555.