Whether you were defending yourself or acted in a moment of anger, assault charges are serious. Our Martinez assault lawyers can help with your defense.
At Silver Law Firm, our Martinez criminal defense lawyers have served over 10,000 clients. We will fight for the best possible outcome to protect your life and your future.
Reach out today to schedule a free consultation with our legal team.
What Are Assault Charges in Martinez?
Assault charges depend on the circumstances of the case. Assault charges involve the unlawful attempt to cause physical injury or harm to another person. It’s important to note that assault and battery are two separate charges, but may be charged together.
California typically divides assault into three categories:
- Simple assault: A threat or an unsuccessful attempt to use physical violence. A person does not need to have been injured for simple assault to be charged.
- Battery: Battery is when physical contact or use of force has been used against another person.
- Aggravated assault: Assault involving a deadly weapon.
While assault is a violent crime, simple assault may still be charged as a misdemeanor if there were no aggravating factors.
For a free legal consultation with an assault lawyer serving Martinez, call (510) 995-0000
What Are the Penalties for Assault Charges in Martinez?
The penalties you face will depend on whether the assault is being charged as a misdemeanor or as a felony.
- Simple assault (if charged as a misdemeanor): Up to six months in jail and/or a fine of up to $1,000.
- Aggravated assault (charged as a felony): This can count as one of the three strikes under California’s three-strike system. It can result in up to four years in state prison.
- Assault on a protected official: This is an attack, or attempted attack, on protected officials like a peace officer or an EMT. Penalties increase if you are convicted.
Aggravating factors can also include previous criminal convictions or the assault of a minor. Battery charges generally face harsher penalties than assault charges. Our Martinez battery lawyers can help with your defense.
Martinez Assault Lawyer Near Me (510) 995-0000
How Our Assault Lawyers Serving Martinez Can Help
When you’re facing charges, you don’t want to be worried about legal representation. Getting a lawyer as soon as possible is important. Finding a lawyer who you feel confident in is equally important.
At Silver Law Firm, our Martinez assault attorneys will handle every aspect of the legal process for your case:
- We leave no stone unturned when investigating, ensuring that we’ve spoken to witnesses and gathered all possible evidence.
- We build strategic defense strategies based on the specific circumstances of your case.
- We investigate the initial arrest for any violations of your rights.
- We handle any necessary plea negotiations.
- We represent your case in court when necessary.
- When applicable, we advocate for lesser sentences and charges.
Our goal is for you to feel supported throughout the process of your case. We will always answer your questions and will never leave you in the dark about the status of your case.
Our client testimonials speak to our dedication to our clients:
- “I simply cannot say enough; they’re considered family now to the hereafter. Blessings to the entire Silver Law Firm. Thank you for helping & saving my family.”
- “I guarantee you’ll feel represented to the fullest extent of the law and a load lifted off yourself!”
- “My family and I truly thank you more than words can describe!”
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What Defenses Are Common for Assault Cases?
While every case is unique, there are some common defenses used in assault cases. These defenses are:
- Self–defense: You were facing, or believed you were facing, imminent harm from someone.
- Defending someone else: You were defending someone else, such as another patron at a bar or a family member. The force used was reasonable because of this.
- Defending your property: You used force or threat to defend your property, with no deadly intent, from someone trespassing, damaging property, or attempting to steal property.
- Lack of intent: You had no intention of harming someone else.
- Mistaken identity: The crime was committed by someone else, and you were mistakenly accused of it.
- Consensual contact: The other party had agreed to the physical contact, such as while playing a sport.
Your defense is carefully built through evidence, such as witness statements and video footage.
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What Evidence Can Be Used Against You in a Martinez Assault Case?
The prosecution’s case will depend on the evidence they are able to gather. Evidence that may be used against you includes:
- Witness testimony, including from the alleged victim.
- A police report from the incident.
- Medical records showing injuries.
- Forensic evidence.
- Video footage, especially if the assault occurred somewhere public.
- Digital communication, such as a text message showing a threat was made.
- Testimony from the arresting officer(s).
- Your own statements made during the arrest or subsequent interviews.
What Should You Do If You Are Arrested for Assault in Martinez?
If you are arrested, your next steps can be vital for your defense and to protect your legal rights. You should:
- Remain calm. Do not argue, yell, or resist arrest.
- Do not try to explain your side of the story without speaking to a lawyer first.
- Ask to contact a criminal defense attorney.
- Invoke your right to remain silent.
- Pay attention to the reason given for your arrest.
- Comply with the booking process, but you do not have to speak to police officers without your lawyer present.
- Follow the legal advice of your lawyer.
- Follow any legal restrictions placed on you by the court. For example, a condition of your bail may be to have no contact with the alleged victim.
Contact an Assault Attorney Serving Martinez
If there are assault charges against you or you have been recently arrested, you should reach out to a lawyer as soon as possible. The legal team at Silver Law Firm will fight for the best possible outcome for your case.
Call us today to schedule a free initial consultation.
Call or text (510) 995-0000 or complete a Free Case Evaluation form