Assault

San Joaquin Assault Defense Lawyer

Assault charges bring with them the possibility of jail sentences and steep fines. Convictions mean a criminal record that can hinder future efforts to pursue employment, housing, and can make the sentencing for future convictions more severe. What defendants facing these charges need most is a San Joaquin assault defense lawyer who believes in them, and also understands how the system works.

For over a decade, Krueger Legal has been in the trenches of the criminal justice system. From our San Joaquin office, we serve all of Fresno County, and throughout Sacramento and Stanislaus counties.

Call today at (209) 565-0750 or reach out online. Free consultations and payment plans are available, so don’t hesitate to contact us to discuss your case.

What is Assault in California?

Under California Penal Code Section 240, assault is defined as an unlawful attempt to commit a violent injury upon another person.

There’s a common misperception that assault involves the act of physically striking another human being. That’s not necessarily the case. Assault can simply involve the credible threat of violence. Battery is when that threat extends into action.

Assault and battery can also be tied up with other offenses, notably sex crimes. It can involve the use of a deadly weapon. All of these circumstances, and more, go into what type of charges a District Attorney’s office may choose to file.

What are the Different Types of Assault?

There are several types of assault charges that could apply to your case, each carrying different penalties. Understanding these categories is essential when working with a San Joaquin assault lawyer to build your defense strategy.

Simple Assault: Simple assault is defined under Penal Code Section 240 as the attempt to use force or violence against someone without causing injury. If convicted of simple assault, you may face misdemeanor charges, which can lead to up to six months in county jail and a fine of up to $1,000.
Aggravated Assault: Aggravated assault involves the intentional use of force or violence against another person with the intent to cause serious harm or to commit a violent crime, such as robbery or sexual assault. Aggravated assault charges are more serious and can be charged as either a felony or a misdemeanor, depending on the circumstances of the case. Felony aggravated assault charges could result in several years in state prison, substantial fines, and other penalties.
Assault with a Deadly Weapon: Assault with a deadly weapon occurs when a person uses any weapon that is likely to cause great bodily injury or death during the commission of the assault. This could include a firearm, knife, vehicle, or other dangerous objects. The penalties for assault with a deadly weapon are severe, and a conviction could result in prison time and significant fines.
Assault on a Peace Officer or First Responder: Assault on a police officer, sheriff, firefighter, or emergency medical technician (EMT) is treated as a serious crime in California. These charges carry stricter penalties, including the possibility of felony convictions and longer prison sentences. A skilled San Joaquin assault attorney can help defend you against these charges by challenging the evidence and building a case in your favor.
Domestic Violence Assault: When assault occurs within a domestic relationship, such as between spouses, partners, or cohabitating individuals, it is classified as domestic violence. Domestic violence assault charges can result in severe penalties, including restraining orders, mandatory counseling, and jail or prison time. If convicted, you may face long-term consequences affecting your family, career, and personal life.

Penalties for Assault Convictions in California

Some cases will be misdemeanor offenses. These are still serious and punishable by up to a year in prison. But felony charges are the most severe. When they involve violent crimes and other serious offenses, they can count as a “strike” in California law. Once a defendant gets their third strike, they are subjected to prison terms of 25 years to life, even if the individual crime would normally be sentenced at far less than that.

Misdemeanor Assault Penalties

If charged with misdemeanor assault, you may face up to six months in county jail and a fine of up to $1,000. You may also be placed on probation, ordered to attend anger management classes, or required to pay restitution to the victim.

Felony Assault Penalties

Felony assault charges carry more severe penalties, including state prison sentences ranging from 1 to 4 years or more, depending on the circumstances. In addition to prison time, you may face substantial fines, probation, restitution to the victim, and a permanent criminal record.

Put our San Joaquin assault defense attorney on your side by calling (209) 565-0750 or by filling out our online contact form today.

Defenses Against Assault Charges in California

There are a wide range of possible defense strategies our San Joaquin assault lawyer may use, and the path chosen will be based on facts and circumstances specific to each defendant’s cases.

But generally speaking, some defenses in assault cases might be the following:

Misunderstandings: This would be in cases of assault, where there is no battery involved. Did the alleged victim misunderstand something the defendant said or did, and wrongly interpret it as a threat? It’s possible. Moreover, it’s incumbent on the prosecutor to prove that the defendant’s actions were threatening, not vice-versa.
Self-Defense: Everyone has the right to defend themselves. It’s possible that physical action had to be taken to protect one’s person, property, or family. In this defense strategy, a San Joaquin assault defense lawyer must show both that the defendant was threatened, and the response was proportionate to the threat they felt.
Mistaken Identity: This defense might apply if the charges stem from an incident at an establishment or event where there was a large number of people. An example might be if a melee breaks out at a nightclub. The prominence of cellphone video may be of value in proving a defendant’s innocence. Another avenue of defense in these circumstances might be insisting that the prosecution show that the defendant’s DNA is on the victim.

Fighting for Clients & Their Future

Krueger Legal’s founding partner, Attorney Phillip Krueger, understands the criminal justice system from both sides. Before becoming a defense attorney, he worked as a prosecutor. He knows the challenges prosecutors have in assembling evidence and building a case, and he can leverage that knowledge to negotiate on behalf of his clients and challenge the prosecution’s case in court.

Contact Krueger Legal today at (209) 565-0750 or contact us online to set up a free consultation with our San Joaquin assault defense attorney.

Commonly Asked Questions

Can I be charged with assault if I didn’t physically harm anyone?

Yes, you can still be charged with assault even if no one was physically harmed. The key factor in an assault charge is the intentional threat or attempt to cause harm. If you made someone fear imminent harm, even without contact, it may still be considered assault under the law.

What if I didn’t intend to harm someone but was charged with assault?

Even if you did not intend to cause harm, you could still be charged with assault if the other person felt reasonably threatened. However, a defense can be raised by showing a lack of intent, or that your actions were misinterpreted. Your San Joaquin assault attorney can work to demonstrate that your conduct was not criminal.

What if I was under the influence of drugs or alcohol when the assault occurred?

If you were intoxicated at the time of the alleged assault, it may be used as part of your defense strategy. While being intoxicated may not absolve you of criminal liability, it could be a mitigating factor that your San Joaquin assault lawyer might use to reduce charges or penalties.

Can I be charged with assault for a verbal threat?

No, verbal threats alone typically do not meet the legal threshold for assault unless they are accompanied by physical actions that cause the victim to fear imminent harm. However, verbal threats can sometimes lead to other charges, such as criminal threats, depending on the circumstances.

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