Criminal Aggravated Assault Law

Criminal Aggravated Assault Lawyers

Criminal Aggravated Assault:

Under California Penal Code 245, aggravated assault is the attempted act of physically harming the body of another with a deadly weapon or extreme force. Aggravated assault is synonymous with assault with a deadly weapon. It is important to understand that this refers to an attempt to cause harm, with intent and ability to do so, rather than actually carrying out the act and causing real harm (which is then called battery).

Simply the threat or likelihood of causing harm to another with the use of any weapon may result in the conviction or criminal charge of aggravated assault. Examples of this may include pointing a gun at someone, threatening to cause bodily injury with any object, pulling a knife out in a fight, etc.

Criminal Aggravated Assault Legal Issues:

Aggravated assault is considered a "wobbler," which means it can be charged as a felony or misdemeanor depending on the weapon used and circumstances involved. Common penalties can include two to four years in prison and up to $10,000 in fines. However, a prosecutor must be able to prove without a reasonable doubt that the defendant did indeed commit aggravated assault, which includes proving that:

  • The defendant unlawfully threatened to bring harm to another, or the victim had reason to believe he or she would be harmed or injured
  • The defendant had the actual present ability to carry out the assault
  • The defendant used a deadly weapon (such as a firearm, knife, baseball bat, bomb, or any object that could cause harm to a person)

What a Criminal Defense Lawyer can do for you:

Being charged with aggravated assault, whether as a misdemeanor or felony, can cause the defendant to have a permanent criminal record. A criminal record can result in lost job opportunities, harsher punishments if convicted of any crime in the future, and immigration trouble. An experienced criminal defense attorney can help present a case on the defendant's behalf to reduce the charges or have the case dropped all together.

A lawyer with experience in aggravated assault can help prove that the defendant did not have any intention to cause harm to another, did not possess any weapon, and/or did not have the physical ability to carry out the act of harming another. Proving any of these instances can help greatly reduce the charges and penalties associated with aggravated assault. Similarly, a case can be completely dismissed if the charge was made based on false information or a mistake.

Lawyer Referral Service:

If you have been arrested or charged with aggravated assault, do not hesitate to call Attorney Search Network, we can find the right criminal defense lawyer that will help you fight your charges and protect your rights.

If you have any questions about the information provided above, please contact Attorney Search Network.

Attorney Search Network can provide you with a Local and Pre-Screened Crimial Defense Lawyer Referral.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your criminal law lawyer referral.

If you have any questions about the information provided above, please contact Attorney Search Network.