Rancho Cucamonga Assault Lawyer

Experienced Defense Against Assault Charges in Southern California

According to the statute, an assault occurs when a person attempts to cause injury to another individual. In other words, the alleged offender does not even have to touch the other person for them to be facing charges. Making a threat to harm someone is enough to be considered a violation of the law, provided the person making the threat has the means to follow through with it.

Because no one has to be injured or even touched for assault charges to arise, many people are often surprised to find themselves being prosecuted for a crime. Due to the nature of an assault charge, it is possible and not uncommon for individuals to be wrongfully charged and even convicted of the crime. No physical evidence is necessary to charge a person with assault – just the word of a so-called victim. This means that an angry spouse, ex-spouse, friend, or other acquaintance could have you arrested and charged with assault out of retaliation. At The Law Offices of Kirk Tarman & Associates, our criminal defense lawyers have seen this happen numerous times. 

If you have been accused of assault, you could face severe penalties upon a conviction. That is why it is crucial to hire an attorney for your case.

Are you facing assault charges in California? Call The Law Offices of Kirk Tarman & Associates today at (909) 658-7341 or contact us online to schedule a meeting with our assault attorney in Rancho Cucamonga!

What is Assault in California?

As defined in California Penal Code § 240, “[a]n assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Although many people associate assault with making physical, violent contact with someone else, the definition negates this. 

Assault is when someone tries to harm another person. They do not have to strike or injure the person. Saying or doing something that can be perceived as a threat to do violence upon another violates California’s assault law.

For example, suppose a person makes a fist and pulls their arm back like they are going to punch another individual. Even though they didn’t punch the other person, their actions are assault. Similarly, if someone says they are going to strike another individual with a nearby baseball bat, that is an assaultive statement.

The key elements of assault are:

• Willful Intent: The act must be intentional, meaning the accused intended to cause harm or at least intended to make contact.
• Ability to Commit the Assault: The person must have had the apparent ability to carry out the assault, even if they didn’t actually do so.
• Present Ability to Use Force: A person must have had the present ability to use force, even if no actual injury was inflicted.

What are the Types of Assault in California?

Assault charges in California can be complex and carry serious consequences. It's important to understand the different types of assault charges and the potential penalties associated with each. Our experienced assault attorney in Rancho Cucamonga can provide you with the guidance and defense you need to navigate through these legal matters.

Types of assault charges in California include:

• Simple assault (Penal Code 240): Simple assault is typically a misdemeanor offense. This type of assault is often the result of a physical confrontation where no significant injury occurs. If convicted, you may face up to six months in county jail and/or a fine of up to $1,000.
• Aggravated assault (Penal Code 245): This charge can be classified as a felony if the assault is committed with a weapon or results in significant harm to the victim. A conviction may lead to two, three, or four years in state prison and a fine of up to $10,000, depending on the severity of the assault.
• Assault with a deadly weapon (Penal Code 245(a)(1)): Assault with a deadly weapon occurs when a person uses an object that could cause serious harm or death (such as a firearm, knife, or blunt object) to attempt to inflict harm on another person. Even if the weapon is not used directly to harm the victim, simply brandishing or threatening with it can lead to serious charges. Conviction may result in imprisonment for two, three, or four years, depending on the case's facts.

Our legal team has a deep understanding of assault laws in California and can work tirelessly to protect your rights and achieve the best possible outcome for your case. Don't hesitate to contact our assault attorney in Rancho Cucamonga today for a strong defense against assault charges.

What Are the Penalties for Assault in California?

If you have been charged with the crime of assault, it is vitally important for you to retain our skillful legal assistance. If you are convicted of this crime, you could face various penalties such as fines and imprisonment of ranging severity depending on several other factors.

Generally, assault is a misdemeanor, punishable by up to 6 months in jail and/or up to $1,000 in fines. However, in some cases, the charges and penalties can increase.

For example:

• Assault against a parking control officer is punishable by up to 6 months in jail and/or up to $2,000 in fines.
• Assault against an emergency responder, such as a peace officer, firefighter, emergency medical technician, lifeguard, or traffic officer, is punishable by up to 1 year in jail and/or up to $2,000 in fines.

A conviction can result in a permanent criminal record, which can affect your ability to find employment, travel, and even obtain housing.

Understanding Aggravated Assault In California 

California’s aggravated assault law concerns assault offenses involving a deadly weapon. A deadly weapon is an instrument designed to cause death, such as a firearm. It can also be an object that can be used to cause death, like a baseball bat, car, or frying pan.

Because of the severity of an aggravated assault charge, the offense can be either a misdemeanor or felony. In either case, the penalties are severe.

Potential punishments for aggravated assault depend on the instrument used to further the offense:

• With a deadly weapon other than a firearm:
  • 2, 3, or 4 years in prison, or up to 1 year in county jail and/or
  • Up to $10,000 in fines
• With a firearm:
  • 2, 3, or 4 years in prison, or 6 months to 1 year in county jail and/or
  • Up to $10,000 in fines

Defenses Against Assault Charges

When facing assault charges, a skilled Rancho Cucamonga assault lawyer will analyze the specifics of the case to identify the strongest defense strategies. Common defenses include self-defense or defense of others, false allegations, and a lack of intent defense can be used if there was no intention to harm or the injury occurred accidentally.

Other effective defenses include arguing insufficient evidence, where the prosecution fails to provide enough proof to meet the legal burden, or presenting an alibi if the defendant was not at the scene of the alleged assault. 

Our Rancho Cucamonga assault lawyers will thoroughly investigate the case, gather evidence, and work to craft a tailored defense strategy that protects your rights and aims for the best possible outcome. Whether it's challenging the evidence, disproving the intent, or demonstrating your innocence, we are committed to building a strong case in your defense.

Contact Our Assault Attorney in Rancho Cucamonga Today 

Looking for an assault lawyer in Rancho Cucamonga or anywhere in Southern California? If you have been charged with the crime of assault, then you must have skillful representation on your side to protect you against false accusations, tampered evidence, and twisted testimonies, among other things. 

Our assault lawyers in Rancho Cucamonga can provide you with this representation. You could face serious penalties for conviction and incur a criminal record that will impair your ability to obtain employment, housing, and other benefits in the future.

Contact The Law Offices of Kirk Tarman & Associates online or call (909) 658-7341 today to schedule a FREE consultation with our assault lawyer in Rancho Cucamonga!