Further Information: Assault
Call us now
or use the form below.
Assault may be charged as a misdemeanor or a felony, depending on the circumstances of the case and the law of the jurisdiction. If you have been accused of assault, contact our firm to schedule a consultation with an experienced criminal defense attorney.
Frequently Asked Questions about Assault
Q: What is the definition of "assault"?
A: Assault is the most commonly committed violent crime in the US. In many states, assaults are classified as either "simple" or "aggravated." A simple assault is making another person apprehensive of a physical attack or negligently causing injury to another person with a weapon. The exact definition, however, depends upon the state in which the alleged crime takes place. Aggravated assault is assault that occurs in conjunction with an attempt to cause serious injury or commit another crime; often, a deadly weapon is involved. A defendant may be convicted of aggravated assault even if the victim was not physically hurt.
Q: How is "assault" different from "battery"?
A: Traditionally, if the victim has been actually touched by the person committing the crime, then a battery has occurred. If the victim has not been touched, but only threatened, then the crime is assault. In many states, the distinction between assault and battery has been abolished and either type of action may be charged as an assault.
California Criminal Defense Lawyers: Assault
Benjamini & Benjamini is a criminal defense firm located in Palm Desert, California. Their attorneys handle misdemeanor and felony criminal charges on behalf of clients throughout Eastern Riverside County, including the Coachella Valley, Banning, Blythe, and the surrounding areas of San Bernardino County that make up the Morongo Basin and Joshua Tree.
To contact their firm, call 760-610-0596 or contact them toll free at 866-409-6168. Their attorneys are pleased to represent adults and juveniles in a wide range of criminal law matters, including assault and other violent crime charges.
Assault - An Overview
Being convicted of assault can bring serious penalties including jail or prison time, fines and probation. Although the specific definition of assault varies by jurisdiction, it is typically viewed as the act of putting another person in fear of harm or offensive contact by the use of force or the threat of force. Some jurisdictions also consider an intentional injury to be an assault. If you have been charged with assault, it is important to know the law and procedures of your state and county. Seek the advice of an experienced attorney from Benjamini & Benjamini, Attorneys At Law in Palm Desert, California, as you determine how to fight the charges.
What Is Assault?
Assault is an attempt to hurt someone physically; it is also the threat of force or use of force, making the victim apprehensive of harmful or offensive contact. Battery, on the other hand, is typically defined as the actual touching of the victim in a harmful or offensive manner. Some jurisdictions define assault and battery differently than others; a defense attorney in your area can assist you with the precise definitions and associated defenses.
If the assault occurs while the defendant is using a deadly weapon or attempting to commit a serious crime, it is an aggravated assault. Because this is a more serious crime than simple assault, the punishment is usually more severe. Injury does not necessarily have to occur for the crime to be aggravated assault.
Is Assault a Misdemeanor or a Felony?
Assault may be charged and prosecuted as either a misdemeanor or a felony. It depends on the circumstances of the alleged crime and the specific laws of jurisdiction in which the event occurred. The prosecutor in the case will ultimately decide how to charge the defendant. Both misdemeanor and felony charges should be taken seriously, as both may have long-term consequences.
What Are Possible Defenses to Assault Charges?
If a reasonable person would have felt it necessary to use force to avoid a danger of being hurt, and reasonable force was used, then there may be a viable self-defense argument. This also may apply when the person was defending someone else against the danger of physical harm. In other cases, the alleged assault may have been accidental, or the accuser may have misinterpreted the defendant's actions. The defense of property may even be a viable defense to a charge of assault. Finally, mitigating circumstances could help reduce the defendant's responsibility as well.
Speak with an Attorney
Conviction for assault can lead to imprisonment, fines, probation or parole, the inability to hold certain jobs and the loss of the right to possess a firearm. If you or your loved one has been charged with assault, it is important to speak with an attorney who knows the law and procedure of your jurisdiction. Contact an experienced attorney from Benjamini & Benjamini, Attorneys At Law in Palm Desert, California, to learn more.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
