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Rancho Cucamonga Assault Attorney
What is Considered Assault in California?
It may seem surprising, but violence does not have to occur in order for you to be charged with a violent crime. In California law, “assault” is the term used when someone performs an action that intends to strike or injure an individual, but fails to do so. It could also include threatening to use violent force or an assault-like action on another individual. Many people often confuse or conflate assault with the crime of “battery,” which is when the strike or application of force actually occurs.
The four elements of an assault crime include:
- The defendant performed an action that was likely to use force against someone else
- The defendant performed this action willfully
- The defendant was aware that the act would result in force being applied to the other person
- The defendant had the ability to apply force to the other person
Violent crime charges of all sorts are taken extremely seriously by the court, and prosecutors rarely shy away from pursuing the maximum possible penalties. This means you need an ally on your side to help you navigate your case and stand up for your rights. With more than 25 years of experience, the Law Offices of Brian E. Skibby offer proven, hands-on support and representation against all sorts of criminal charges. We understand that those facing the criminal justice system deserve the best-quality defense possible in order to ensure a fair trial. Attorney Skibby has helped more than 2,000 adult and minor clients with their accusations, including hundreds of full court trials.
California Penalties for an Assault Charge
Assault is considered a “wobbler” crime, because the nature of your charges can vary depending on the nature of your accusations. Simple assault is generally considered a misdemeanor, which is punishable by up to a year in prison and a large fine. However, the use of a deadly weapon, such as swinging a knife at someone or robbing them at gunpoint, escalates your charges to the felony level, known as “assault with a deadly weapon.”
Penalties for assault can include:
- Jail time
- Large fines
- Permanent criminal record
- Possible loss of rights
Having a violent crime charge on your record can seriously inhibit your ability to seek employment in the future. Criminal background checks are a common part of the application process, and employers are hesitant to bring people on board who have failed to show restraint in the past. An attorney can help you fight back against these charges and work to clear your name and keep your record clean.
Ready to get started with your case? Contact the Law Offices of Brian E. Skibby online now to schedule a free case evaluation.