Aggravated Assault California - In California, the term aggravated assault refers to the offense of assault that is more serious than simple assault. This often includes using a deadly weapon, attacking a defenseless person, or assault that causes serious harm.
The worst attacks are claimed to be wobblers. Awobbler is a crime that can be prosecuted as:
Aggravated Assault California
Note that the accused need not touch or injure the "victim" to commit this crime.
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There is no specific offense called "aggravated assault" under California law. This term refers to a type of attack that is more serious than a simple attack.
A deadly weapon includes blunt weapons such as guns and knives. But some things can "kill" if they get used to it:
Criminal Code 245.5 PC is a California law that makes it a crime to punish a school employee with any of the following:
Conviction can be made for the crime of serious injury only if the accused commits the crime of intentional injury. This means that it is always a defense for the accused to show that it was not an attack.
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The accused may try to defeat the accusation by claiming that he is acting in self-defense or to protect others.
Such cases can involve many different parties. Often times, one person will lie and accuse the other of the crime to avoid getting caught. The accused can be relieved of guilt if he can show that someone wrongfully blamed him.
If the district attorney cannot prove guilt beyond a reasonable doubt, the charge should be dismissed.
Note, however, that criminal history deletion is usually not available if the accused has been sentenced to state prison.
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According to Criminal Code 242 PC, the crime of assault is the deliberate use of force against another person.
Contact our criminal law firm to seek legal advice and discuss establishing an attorney-client relationship. We offer a free consultation service.
We invite you to contact us at Shouse Law Group for additional guidance or to discuss your case with a criminal defense attorney. Our criminal defense attorneys have law offices in Los Angeles County and in northern, central, and southern California. We also defend against all charges, from drunk driving to domestic violence. This accusation can be very serious. After all, sometimes people carry out malicious attacks without even realizing it. If you're confused about your bill, worried about penalties, and aren't sure what to do, read on. Here, we give you insider information on assault defense from some of the best criminal defense attorneys in California.
The Law Firms of Kerry L. Armstrong, APLC, have defended hundreds of clients against aggravated assault and other charges. We know what legal defenses may lead to a dismissal or dismissal, and we are committed to your defense. Call us to discuss your situation for a free consultation.
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In California, assault is "an unlawful attempt with existing ability to cause severe harm to another person" (California Penal Code Section 240). This means that you are trying to hurt someone and your actions may hurt someone else. In contact with the body, the charger turns into a battery.
If any of these factors are present, the charge of assault increases as aggravated assault (California Penal Code Section 245):
Aggravated assault can be charged with misdemeanor or misdemeanor. However, the prosecutor can judge this crime as a serious crime.
Assault with a deadly weapon or firearm, or with force that can cause serious injury, carries the following penalties:
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Assault with a machine gun, assault weapon, or .50 BMG pistol carries a prison sentence of up to 12 years.
If a convicted criminal has a weapon used in the attack, the court will confiscate the weapon and destroy it.
A felony conviction is considered a strike under California's three felony laws (California Penal Code Section 667). A second serious or violent crime doubles the serious penalty. Your third felony conviction carries a prison sentence of up to 25 years.
The prosecution must prove that he committed every element of the aggravated assault. This means that the prosecution must show that you intend to harm someone using force or weapons. Your attorney is trying to show that at least some of the claims are false or nonexistent.
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You had no intention of harming. Maybe you stumbled or your accuser misinterpreted your actions.
You had no power to cause serious harm. For example, if you're carrying a controlled firearm, it reduces your ability to do serious damage.
You did the attack in self-defense. You have the right to defend yourself, using reasonable force, against attack by another person.
You have carried out an attack to protect another person. By using reasonable force you can protect others from someone else's attack.
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You did not commit a crime. You can try to show that your accuser isn't telling the truth about the attack.
A California misdemeanor assault attorney will help you present an expert defense. Call the Law Offices of Kerry L. Armstrong, APLC for a free consultation. We will listen to your negative experience and advise you on your best legal options.
Our lawyers have defended hundreds of clients against charges such as assault. Our goal is to protect your freedom and restore your reputation by reducing or removing this serious burden. If you need compassionate, experienced criminal defense, give us a call today.
Attorney Kerry Armstrong opened her law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law in San Diego, California and earned a B.S. received the degree. from Middle Tennessee State University. Kerry L. Armstrong was certified in criminal law by the California State Bar Association State Board in August 2020, making her one of the few board-certified criminal defense attorneys in San Diego County to train criminal law. From 2014 to 2019, Armstrong was selected for inclusion on the California Super Lawyers list, an honor given to only 5% of attorneys in the state.
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