Los Angeles Assault Lawyer
If you are facing assault charges, contact Hurwitz Law Group today to schedule a consultation and find out how we can help as your Los Angeles assault lawyer. Our firm has one of the highest success rates of any defense firm in the area, thanks to our tenacity in the courtroom and extensive experience with a wide variety of criminal matters.
Assault is a very broad term with many legal applications. Californians should understand the state’s laws concerning the types of assault, which actions constitute assault, and the penalties for assault convictions. Hurwitz Law Group is one of the most successful defense firms in the Los Angeles area due to our dedication to protecting the rights of the accused, so we want all Los Angeles residents to understand the penal code and how it applies to assault charges.
Different Types of Assault
The circumstances surrounding an incident of assault can have different repercussions. Chapter 9, Sections 2490 through 248 of the California Penal Code, defines assault as the unlawful attempt to commit bodily injury to another person. Notice that “attempt” is the key word here. If an aggressor issues a threat and possesses the ability to carry out the threat, he or she commits assault, even if no physical interaction takes place. The law lists specific punishments for committing assault against public employees such as police officers, parking officers, public transportation providers, and emergency medical responders.
Anyone who commits assault should expect fines of up to $1,000 or $2,000 if the victim was a public employee as previously listed. Offenders also face imprisonment in county jail for up to six months, or one year for assaults against public employees, in addition to fines.
Assault and Battery
Charges escalate to assault and battery if an offender proceeds to use physical force in addition to a credible threat. For example, threatening to punch someone in the face is an assault, but punching the person in the face after making the threat to do so is assault and battery. A battery is punishable by up to six months in county jail and fines up to $2,000. Batteries resulting in serious bodily harm to victims are punishable by imprisonment in state prison for up to four years.
Battery is a wobbler offense, meaning it can either be a misdemeanor or felony depending on specific circumstances. A felony battery charge is punishable by up to three years in prison and up to $10,000 in fines, or both. A battery against any motor vehicle operator during his or her duties will lead to similar penalties.
Domestic assault and battery, or spousal abuse, carries different penalties. The offender faces criminal action from the state and the typical criminal penalties as well as civil liability for damages to the victim. California law requires many domestic abusers to make payments to a local battered women’s shelter up to $5,000 as well as pay restitution to victims.
Depending on the nature of an incident of battery, an offender will face aggravation charges during sentencing if he or she used a deadly weapon during the incident. Aggravated assault and battery is a felony punishable by up to four years in state prison and up to $10,000 in fines. The defendant will also face civil liability for damages to the victim.
Defending Yourself Against Assault Charges
There are many possible defenses to an assault charge, including mistaken identity, self-defense, defense of personal property, and defense of another person. The right attorney is important to defeating unjust assault charges, and the Hurwitz Law Group believes that every person accused of a crime deserves his or her day in court and a fair trial.