What is Assault?
Assault may be defined as any attempt or threat to cause violent injury to another person with the actual or apparent ability of carrying out this attempt or threat, thus placing the victim in reasonable fear of injury. Although assault is often associated with battery, these are two different offenses. Battery involves the actual striking or touching of another person against their will.
Have you been accused of assaulting another person? You may be in real danger of facing criminal charges and serious penalties if you are convicted. It is important that you immediately consult with an attorney regarding your options in challenging these charges to avoid a conviction. A criminal defense lawyer at the Law Offices of Gregory H. Comings can meet with you to talk about your case and how we can help. We are highly experienced in handling assault cases and will be happy to meet with you as soon as possible to discuss your concerns.
Penalties for Assault
Simple assault is a misdemeanor offense in San Bernardino, California. If a weapon was used or the victim was a peace officer, however, a defendant may face
felony assault charges. Following are the potential penalties that the court may impose upon a misdemeanor assault conviction:
- Up to 6 months in county jail
- Fine of up to $1,000
- Community service
- Victim restitution in some cases
Defense for Assault Charges
When we take on a criminal case involving assault, our firm will work immediately to investigate the matter and determine how to build the most effective defense. For a case involving assault, this may be that you were acting in self-defense or in the defense of others. Or, your attorney may file a motion to suppress evidence that was acquired in violation of our rights. Another approach may be to discredit the alleged victim's testimony against you, which may be the foundation of the prosecution's case.