If you are currently facing criminal charges for assault, you should work quickly with a lawyer to build a defense. Assault charges can result in a severe criminal sentence that has far-reaching impacts on your life.
At Silver Law Firm, we are more than equipped to handle legal defense in your assault case. Our team has over 37 years of combined experience in criminal law and extensive experience in jury trials. Our Dublin assault lawyers can ensure your right to a fair trial is respected and protect your freedoms from the prosecution’s charges.
Contact our offices online or call us today to speak to a Dublin criminal defense lawyer about your case.
Why You Should Hire a Criminal Defense Lawyer for an Assault Charge
Assault is no laughing matter, and a charge deserves a serious legal response. Even when the crime is a misdemeanor, a conviction can result in a jail sentence and expensive civil penalties.
Silver Law Firm is composed of a skilled team of attorneys who have extensive experience in trial settings. We have served over 10,000 clients and have a deep understanding of criminal procedure. We can intervene at any stage in the process to support your case, whether it’s an initial court appearance or criminal trial.
You’ll want a reliable professional to defend your rights and freedoms. A Dublin assault attorney from Silver Law Firm can be your legal advocate and pursue justice on your behalf.
For a free legal consultation with an assault lawyer serving Dublin, call (510) 995-0000
Assault Definition in California
California Penal Code § 240 defines assault as the unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Under California law, the victim does not necessarily need to be aware of the threat for an assault charge to apply.
Actual physical contact doesn’t have to occur to be charged with assault. Examples of behavior that may constitute assault include the following:
- Making a threatening gesture or movement at another person
- Throwing an object at another person
- Making a punch at someone and missing
- Lunging or charging at another individual
- Spitting or throwing bodily fluids on another person
- Brandishing a weapon or object that could be used as a weapon
Simple Assault vs. Aggravated Assault
California generally divides assault charges into two classes: simple and aggravated.
Simple assault, or just assault, is the attempt to commit violence against another person without any additional aggravating factors. Simple assault constitutes the majority of assault cases and is usually charged as a misdemeanor crime.
Aggravated assault involves assault while using a firearm or another deadly instrument likely to cause severe bodily harm. Aggravated assault is a much more serious crime and can be charged as either a misdemeanor or felony, depending on specific facts of the case.
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What Is the Penalty for Assault in Dublin?
The penalty for simple assault in Dublin is a maximum jail sentence of six months and a fine no greater than $1,000. However, assault against specific individuals, such as police officers or emergency responders, can result in a fine of up to $2,000 and up to a year in county jail.
An aggravated assault conviction can lead to a $10,000 maximum fine and a prison sentence of several years, depending on the specific circumstances and weapon involved. Individuals convicted of aggravated assault may also have their right to own a firearm revoked.
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Legal Defenses to Assault Charges
Every case is unique and requires a tailor-made defense sensitive to the legal intricacies of the situation. That being said, there are several general strategies a Dublin assault lawyer can use to defend you against charges. Below are some of the most effective defenses:
- Self–defense. Individuals can resort to force if it’s in the defense of themselves or another person. If someone attacked you and you responded proportionately, it wouldn’t count as assault.
- Accident. Assault is a crime of intent, meaning the perpetrator must commit an intentional act. If you accidentally struck someone, it could be a defense against assault charges.
- Mistaken identity. The charges of assault may rest on false accusations, whether by mistake or intentionally. This may be the case after an altercation that is confusing and involves several people.
- Lack of ability. Assault requires that the perpetrator actually have the ability to cause harm. For example, if you were too far away from the alleged victim, an accusation of assault may not apply.
- Process violations. If the police violated your rights when arresting you or collecting evidence, a lawyer can push to have your case dismissed or evidence suppressed.
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Contact an Assault Lawyer in Dublin from Silver Law Firm
Even a simple assault charge can radically change your life, jeopardizing your freedom, employment, and social reputation. You should rely on a dedicated legal professional to safeguard your rights and freedoms. Silver Law Firm understands what’s at stake in these cases and can be counted on to represent you effectively.
Contact our offices online or call us today to schedule a case consultation with an assault lawyer in Dublin.
Call or text (510) 995-0000 or complete a Free Case Evaluation form