Defense To Assault Charge In California

Published: 14th November 2011
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Assault can be a serious crime that necessitates consultation with a Sacramento criminal lawyer. If you have been arrested for the crime of assault within the state of California, you will be facing an important charge which could have lasting ramifications with your life and future. Assault is defined within the law to be a crime that happens when an individual attempts to cause physical harm to someone else in a manner that helps to make the person feel immediately threatened. In order for an assault to happen in California, an actual physical encounter is not needed.

Battery and Assault

If you have not spoken with a Sacramento criminal lawyer, you may get confused between the two terms of "assault" and "battery". The two terms should not be confused with each other. The crime of battery comes about when one individual physically harms someone else. You need to get in touch with an attorney immediately if you've been charged with assault and battery, battery, assault, or any other related crime.

Penalties for assault can range from incarceration to fines to forced community service, or possibly a combination of the three. You might also be asked to attend counseling, take courses in anger management, or take part in other programs. If found guilty of the charge of assault, it goes on your criminal convictions and might cause it to be challenging to rent a home or find a job.

Different Kinds of Assault

In the state of California, the charge of assault may take a number of forms which your Sacramento criminal lawyer can explain in greater detail. The most typical include basic assault, assault with a deadly weapon, and assault and battery. Other possible assault charges include:

• Aggravated assault and battery charge

• Being charged with aggravated battery using a weapon

• The charge of battery on a peace officer

• Being charged with disorderly conduct

• Domestic assault

• Being faced with the charge of Domestic battery

• Resisting arrest

• Charge of sexual assault

• The charge of sexual battery

Types of Defenses for Assault

While every individual case of assault is unique and needs the help of your Sacramento criminal attorney, there are some plausible strategies your attorney would use if they are true in your case. You may have committed the crime of assault in self-defense, you could have been defending somebody else, or perhaps you may have committed the crime while defending your premises or home. If none of these pertain to your case, your knowledgeable Sacramento criminal lawyer will explore other possibilities according to the circumstances that surrounded the assault, so that you can minimize the damages the assault charge can have on your own future.

When faced with assault, it's vital that you simply remain silent with regards to the charge, including avoiding conversing with the arresting officer concerning the circumstances surrounding the event. You need your Sacramento criminal lawyer to act for you. Remember, while in the state of California, they've got the burden of proof to prove you guilty, so you are innocent until that point. Never let the police and the prosecuting attorney convince you to provide a statement with no presence of your lawyer. You have every right never to self-incriminate.

Most importantly, when faced with an assault of any type, call your Sacramento criminal lawyer immediately. Your lawyer can make sure that your rights are safe and that your best interests are served.


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If you need a great Sacramento criminal defense attorney then check out the Law Offices of Brianne Doyle and call her at 916-806-6400. She's a top notch Sacramento DUI lawyer and can help you get through your DUI arrest.

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