How Does The Degree Of Injury Affect An Assault Charge?

The degree of injury a victim suffers can affect an assault charge by making it a felony and/or cause more charges to be filed such as battery, assault with a deadly weapon, or other similar charges. For example a simple assault is if one swings at another person and misses because the other person ducked. However, if one swings at the same person with a baseball bat and misses, that action will be an assault with a deadly weapon. If one makes contact using the bat, one can be charged with assault with a deadly weapon, a battery, a use of a deadly weapon, assault with GBI, which is causing great bodily injury. So the more severe the injury, the more charges and more severe the punishment.

Common Mistakes Detrimental To An Assault Case In California

The most common mistake people make in, not just assault cases but in all cases in general, is speaking to the police. In most cases, the police are looking to find evidence to arrest or convict a defendant. However, most people think if “I could just explain myself to the police, they will let me go.” This usually is never true and it ends up hurting the person in their case because the statement they make to the police will later be used against them.

Common Defense Strategies Utilized In Assault Cases

There are many different legal defenses one can use to fight assault charges. These include:

  • One did not actually have the ability to inflict force, violence on the other person
  • One acted in self-defense or in defense of someone else
  • One did not act willfully or with the required intent
  • One was wrongfully accused.

Potential Penalties For An Assault Charge Conviction In California

An assault with a deadly weapon, under California law, could be and will be charged as a felony. That is a $10,000 fine and/or four months in prison. However, depending on the specific charge, whether it is assault with GBI, assault with a deadly weapon, etc., if there is any injury, the penalties could be much more severe. In most cases, assault with a deadly weapon or assault with GBI is going to be coupled with another charge such as attempted rape, murder or another serious felony charge.

Long-Term Effects Of An Assault Conviction In California

If someone is convicted of a felony assault, it can have severe effects on them in the future. They become a convicted felon. In most cases, they cannot get a job, cannot vote, they cannot own firearms. A misdemeanor assault might prevent one from getting a job, and if one is convicted of either a misdemeanor assault or a felony assault, one will serve a probationary term.

Importance Of Retaining An Experienced Attorney For Handling Assault Cases

In California the term deadly weapon is deliberately not defined so it can be interpreted broadly. So if an experienced attorney is hired, he/she will know how to fight that case and help that broad definition assist his client. An attorney who does not have experience taking on such a case, he/she will not be familiar with the defenses used and the prosecutor would take advantage of that opportunity.

What Sets You Apart As A Criminal Defense Attorney?

We have been defending assault cases since 2003. We have handled everything from the simple assault to aggravated assault and assault with a deadly weapon. The Law Offices of Arash Hashemi knows the law and our success rate speaks for itself.

For more information on Degree Of Injury In Assault Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 894-8548 today.