When you think of an assault charge, you may picture someone who has violently attacked another person. While this can happen, you may be surprised to learn that not all assault offenses even involve physically touching another person. As such, if you have been charged with this offense, it’s in your best continue reading, as the following blog explores what you should know about these charges, including the potential defenses that you may be able to utilize by working with a Contra Costa County assault lawyer to represent you.

What Warrants an Assault Offense?

Under the law in California, simple assault is defined as an unlawful attempt with the present ability to violently injure another person. In addition, you’ll find that to convict someone of assault in the state, the prosecution must prove that four elements are present. These include:

  • Acting in such a manner that would likely result in the application of force to someone else
  • Acting willfully
  • Acting in such a manner that a reasonable person would believe the act would result in the application of force
  • Having the ability to apply force to the alleged victim

In the context of this law, application of force is any harmful touching. This means that the physical contact does not need to cause injury for it to be considered assault. For example, spitting at someone, even though it would not cause injury, is considered assault because it is considered rude, offensive, and a precursor to the application of force.

What Penalties Can I Face?

If you are charged with an assault offense in California, it’s critical to understand the potential charges you can face. Simple assault is charged as a misdemeanor offense, carrying up to six months in jail, probation, and fines of up to $1,000.

However, you should note that if there are aggravating factors, such as committing assault with a deadly weapon, the penalties you can face will increase. Assault with a deadly weapon is a worse crime, meaning it can be charged as a misdemeanor or felony, depending on the circumstances of the crime.

Are There Any Potential Defenses?

Typically, the most common defense for an assault offense is that you did not have the ability to actually hurt them. For example, if you are charged because you made a slapping motion toward someone standing 20 feet away from you, you may claim that these charges are unwarranted, as there was no way you could actually injure the victim.

In addition, you may claim that you were acting in self-defense if you had a reasonable belief that you or someone else was in danger and the force you inflicted was necessary to protect yourself from said danger.

Assault charges are not something that should be taken lightly in California. Unfortunately, this offense carries hefty penalties and can leave a lasting mark on your criminal record. That is why it is critical to connect with an experienced criminal defense attorney with O’Connor Law APC. We understand how difficult these matters can be to navigate, which is why we will do everything possible to assist you through these complex times. Contact us today to learn more.