Fight Back Against Assault Charges
Many law-abiding people with no criminal record get caught out by Californian assault law. They don’t need to hurt anyone to be prosecuted, putting them in hot water for things they might assume were legal.
Assault is often misconstrued as the physical harm that is perpetrated against someone, but it is, in reality, the attempt to cause injury. California penal code 240 says that the attempt at violence must also be coupled with the ability to cause an injury. No force is required to find oneself on the wrong side of the law.
What are Assault and Battery Charges?
The Law Office Of Troy P. Owens, Jr explains that some examples of an assault include taking a swing at someone (but they move out of the way) or throwing a drink at someone in an argument.
Battery charges are also applicable if the attempt at violence was successful, so if someone is struck during a confrontation. A battery can also apply if a person touches another person without consent.
To successfully prosecute against assault, the state must prove that the person willingly acted, knew their actions may result in force, that they were capable of using force and not acting in self-defense.
Punishment for Violation of Penal Code 2×40
Breaching penal code 240 is a misdemeanor, not a felony. It is punishable by up to six months in jail, probation, or a $1000 fine.
Defense Against Assault Charges
The defenses a San Diego assault lawyer can use include:
Self-Defense and Defense of Other People – If someone believes that they or another person are going to be injured or touched unlawfully, they can use whatever reasonable force they can to deter their assailant as long as it is proportionate to the level of danger.
Accidental Force – If the person charged did not intend to use force or if they only did so because they misinterpreted the situation.
False Accusations – If the person is innocent of the charges and was accused, for example, by a jealous ex.
Anyone who has been charged with assault needs legal representation right away, even if no one was hurt. A criminal defense lawyer can prepare a good defense and make sure the defendant’s constitutional rights are protected.