Have you been arrested and charged with assault? This is a violent crime under California law that can come with harsh penalties. Your future and your freedoms are on the line. It is imperative that you take action to clear your name or risk the fallout of a conviction.
Make sure you obtain a reputable San Bernardino assault attorney. Call the Law Offices of Graham D. Donath to start building a powerful defense strategy and move forward with your life.
Contact our Riverside office at 951-667-5293 or our Orange County office at 714-758-5293 to schedule your confidential consultation today.
Under CA Penal Code § 240, in order to be convicted of assault, the state’s prosecutor will need to show that you intentionally attempted to cause someone else physical injury, or that you made threats or acted in a menacing way and caused another person to believe that they were about to be physically harmed.
This means that there does not actually need to be any physical contact for an assault charge to stick. There are many different types of assault and assault-related crimes that you could be charged within San Bernardino.
These are only a few of the more common types of assault charges you could face in San Bernardino. If you have been charged with another type of assault or battery and you need to start working on your defense, reach out to our office to discuss your assault charges further.
The penalties that you will face if you are found guilty of an assault charge in San Bernardino can vary widely. The consequences will be based upon several factors, such as:
Under Cal. Penal Code § 241, for a simple assault conviction, you could expect to spend up to one year in jail and pay fines as high as $2,000 depending on the specific circumstances of your case. But if you were charged with a wobbler crime, this jail time could increase to as much as three years.
Assault with a deadly weapon carries some of the harshest penalties. Again, the specific details of your case will determine your exact penalties. However, in the worst situations, you could spend up to 12 years in prison and be ordered to pay fines as high as $10,000.
Of course, if this is your third strike under California’s Three-Strike Law, you may be ordered to spend as much as 25 years in prison for assault with a deadly weapon.
Battery charges in San Bernardino also carry severe penalties. Under Cal. Penal Code § 243, if you are charged with a misdemeanor simple battery, you could expect to spend up to six months in county jail and the order to pay fines as high as $2,000.
However, this could become enhanced in cases of domestic violence battery, battery against a public worker or healthcare provider, or battery on school property. If this happens, you could be ordered to spend up to one year in county jail in addition to your $2,000 fine.
If you were charged with a wobbler battery crime, you could be ordered to spend as much as three years in county jail or state prison, based on the aggravating factors in your case. Additionally, your fines could be as high as $10,000 if you are charged with felony battery.
But jail time in fines are not the only consequences you will face if you are found guilty of assault in San Bernardino. In addition to any imprisonment and fines, you could also expect to have to deal with the following criminal penalties:
Criminal penalties aside, there are countless collateral consequences you may already be experiencing after being accused of assault in San Bernardino. Some of the more common collateral consequences of assault convictions include:
For many people who have been convicted of assault charges, the collateral consequences are far worse than the criminal ones. Make sure you prioritize your future by retaining a strong San Bernardino assault lawyer to advocate for your liberties.
As you prepare to defend your case, your attorney will need to carefully review all of the evidence to determine which defense strategy is most likely to result in an acquittal or other favorable outcome.
With that being said, it may not always be in your best interests to bring your case to trial. For example, if you are a first-time offender, you may benefit more from seeking admittance to a pre-trial diversion program.
Working out a plea agreement with the state prosecutor could be the best way to secure your future. Of course, this may not be true for every case. But your assault lawyer’s careful analysis will determine which path is advised.
Pre-trial diversion programs are often available to first time offenders and individuals who may be struggling with mental health or substance abuse issues. In many cases, being sent to jail or prison in order to pay exorbitant fines does little to help rehabilitate someone struggling in their lives. In fact, this is exactly what ends up forcing people into becoming habitual offenders.
Some of the different pre-trial diversion programs that you may be eligible for include:
If you meet the eligibility requirements to enter into one of these pre-trial diversion programs, you will be required to complete the terms of these programs in order to avoid having to move forward with the criminal assault charges against you.
Once you have completed the terms of your pre-trial diversion program, the charges against you may be reduced or dismissed, and you will be able to move on with your life.
In some cases, it does not make sense to pursue a pre-trial diversion program or a lesser offense. In these cases, you will want to pursue a strong legal defense.
When you have been accused of assault in San Bernardino, there are many defenses that may be available to you. Some of the more common defenses against assault and battery charges include:
If your assault trial is going to court, you may be worried and unsure of what to expect from the entire process. Here is what you can expect to happen from your assault case from the time of your arrest:
Assault accusations can turn your life upside down. You likely have many unanswered questions about the assault or battery charges against you. Here are some of the answers to the top questions our former clients have had regarding their assault charges.
If you have additional questions that were not answered here, do not hesitate to contact our office so we can discuss your specific assault charge questions further.
The difference between assault and battery is that assault can include the attempt to commit a violent injury to another person, whereas a battery charge involves the actual physical act or force of violence against another person.
If there was an attempt to use force, but this attempt was unsuccessful, then you could not be charged with battery. Instead, you would face assault charges.
Under CALCRIM No. 253, criminal negligence occurs when the defendant acts in a way that is reckless and causes a risk of injury or death to someone else. For example, someone who was charged with drunk driving may face criminal negligence charges.
They may have not had any intention of hurting or killing someone when they became intoxicated, but they more than likely did understand the implications that come with driving under the influence of drugs and alcohol.
Assault charge convictions carry severe criminal penalties and collateral consequences. Present the strongest defense possible so you can clear your name and put this experience behind you.
Schedule your confidential consultation with an experienced San Bernardino assault lawyer at the Law Offices of Graham D. Donath today. You can reach us by completing our secured contact form, calling our Orange County office at 714-758-5293 or our Riverside office at 951-667-5293 to get started.