Los Angeles Assault Lawyer 

Experienced Defense Against Assault Charges in California 

The city of Los Angeles has a low tolerance for crimes involving assault. Assault is aggressively prosecuted and often penalized with substantial monetary fines and incarceration in county or state prisons.

If you are being investigated for assault or have already been formally charged, it is highly recommended that you contact an assault crime lawyer at Stephen G. Rodriguez & Partners. We can put more than 70 years of experience to work for you. We will attempt to provide an aggressive defense in your case that may result in a reduction or dismissal of your charges.

Call Stephen G. Rodriguez & Partners today at (213) 481-6811 or contact us online to schedule a meeting with our assault attorney in Los Angeles!

What is The Difference Between Assault & Battery?

Assault and battery are frequently charged together, but they are, in fact, completely different offenses. While battery involves the actual use of violence or force against someone, assault involves an illegal attempt, coupled with a present ability, to commit violent injury against another.

In other words, you do not need to physically touch someone to be charged with assault. The penalties for an assault or battery conviction will vary depending on the severity of the crime—since assault and battery can both be charged as either a misdemeanor or felony offense.

Misdemeanor vs. Felony: What to Expect for Assault Charges

According to California Penal Code § 240, you could be charged with simple assault if you knowingly attempt to physically injure someone else or even threaten to take violent action. This could include a situation like taking a swing at someone during an argument but missing.

If the situation rises to a level of actual physical violence, the assailant could be charged with battery. While most simple assault cases will be charged as a misdemeanor, certain aggravating factors could make it a "wobbler"— meaning that it could be charged as a misdemeanor or felony.

The following types of simple assault are wobblers:

• Assault against a custodial officer at a jail or prison
• Assault against a school district police officer
• Assault against a juror by a party in the case

One could also be charged with assault with a deadly weapon or force likely to produce great bodily injury, which is commonly known as aggravated assault or ADW. This is a much more serious assault charge. Assault with a deadly weapon is prosecuted as a felony punishable in state prison by up to four years.

When you work with an experienced criminal lawyer in Los Angeles, they may be able to reduce the aggravated assault charge to a simple assault. For this reason, don't plead guilty or accept a plea bargain until you have had the chance to retain legal representation.

What Are the Penalties for Assault in California?

If you have been charged with assault, the severity of the penalties you face will depend on the nature of the crime. For example, a simple assault will carry different penalties than an assault against a healthcare provider or public worker who was, at the time, performing their duties.

These workers may include doctors and nurses, firefighters, lifeguards, paramedics, highway workers, public transportation employees, etc. You could expect to face enhanced penalties if charged with the latter offense. Similarly, the penalties will be even more severe if you are convicted of felony assault.

The penalties for simple assault may include:

• Up to six months in county jail
• Up to $1,000 in fines
• Up to six months of probation

The penalties for assault against a public worker may include:

• Up to one year in county jail
• Up to $2,000 in fines
• Up to one year of probation

The penalties for a "wobbler" assault may include:

• Up to three years in jail or state prison
• Up to $2,000 in fines
• Up to three years of probation

Defenses Against Assault Charges

When facing assault charges, several legal defenses might be available to challenge the accusations or mitigate the consequences.

Here are some common defenses against assault charges:

• Self-Defense: If you used force to protect yourself from an imminent threat, you may claim self-defense. This defense requires showing that your actions were reasonable and necessary to prevent harm.
• Defense of Others: Similar to self-defense, this involves using force to protect someone else from harm. The use of force must be reasonable and proportional to the threat the other person faces.
• Defense of Property: In some cases, you may use reasonable force to protect your property from theft or damage. The force must be proportional to the threat and not excessive.
• Consent: If the alleged victim consented to the physical contact, it may be possible to argue that there was no assault. However, consent must be explicit, voluntary, and informed.
• False Accusation: You may argue that the assault charges are based on false or mistaken identity. This defense involves providing evidence that disproves the accusation or demonstrates that you were not present at the scene.
• Lack of Intent: Assault charges often require proving intent to cause harm. If you show no intent to injure or threaten, this may help defend against the charges.
• Provocation: In some cases, provocation by the alleged victim can be used to argue that the assault was a response to a provocative act. However, this does not justify using force, and it can impact the severity of the charges.
• Insufficient Evidence: The prosecution must prove the assault charges beyond a reasonable doubt. If the evidence is lacking or does not support the allegations, the charges may be dismissed or reduced.
• Medical or Psychological Issues: In some instances, medical or psychological conditions may impact a person's behavior and could be used to argue for reduced responsibility or alternative sentencing.
• Alibi: Providing evidence that you were not at the scene of the alleged assault can be an effective defense. This involves showing proof of your whereabouts at the time of the incident.

Each case is unique, and the viability of these defenses depends on the situation's specifics. Consulting with an experienced assault defense attorney can help determine the most appropriate strategy for your case.

Contact Our Los Angeles Assault Attorney Today

Regardless of whether you have been charged with simple assault or aggravated assault, it is essential to retain the services of a Los Angeles assault crime attorney as soon as you have been arrested. You could be facing several years in jail or state prison, so there is no reason to settle for anything less than the aggressive representation you deserve.

The Stephen G. Rodriguez & Partners team has more than seven decades of experience representing individuals against criminal charges. Don't wait to take action; contact our firm today to find out what we can do for you!

Contact Stephen G. Rodriguez & Partners today to schedule a meeting with our assault lawyer in Los Angeles!