Assault: There are several classes of assault that can occur, each with their own complications and requiring their own individual plans to deal with in court. As assault is, in general, an extremely serious offense, and you need experienced pre-screened attorneys like ours to guide you through the nuances towards a resolution that’s both fair and equitable, and one that accords you the maximal possible benefit.
In general, there are numerous classifications of assault under California penal code: there is simple assault, assault with a deadly weapon, and assault with a firearm. Essentially, assault itself is defined as attempt to commit a battery. The weapons utilized, if any, escalate the charge in accordance to severity and damage inducing potential of the weapon used. Assault can either be classified as a misdemeanor, or a felony: aggravated assault, for example, is a felony under law.
Simple Assault is defined as an unlawful attempted to commit a violent injury upon the person of another, in conjunction with the potential to actually do so. The difference is that, while a child may wish to commit violent injury, he or she may not necessarily have the potential to do so. Simple Assault is classified under California Penal Code Section 240-241 as a misdemeanor, and carries a sentence of up to $1,000 in fines and up to 6 months in jail.
However, if the assault occurs with a weapon capable of producing grievous bodily harm, such a knife or a large blunt instrument, along with a manner likely to produce bodily harm, then the assault charge is upgraded to assault with a deadly weapon and falls under the category of aggravated assault. This kind of assault covers all kinds of deadly weapons, excluding firearms. Defined under California Penal Code Section 245, assault with a deadly weapon is a felony and carries a sentence of up to 4 years in state prison and fines up to $10,000.
Assault with a firearm does not require that caveat of “in a manner likely to produce bodily harm”. As long as a firearm is present at the commencement of an assault, the assault is immediately elevated to assault with a firearm. Defined under California Penal Code Section 244, assault with a firearm is considered a felony and carries potential fine of $10,000 and a prison sentence of 4 years.
Beyond these classifications, all assaults have certain exceptions and caveats that can increase the level of the assault charge: for example, if the alleged assault took place on school grounds or the alleged victim was the driver of public transportation, the sentence can be greatly elevated.
Assault, in general, is a quagmire that you require an experienced attorney, like ours, to navigate. Due to the seriousness of the charge, it is recommended that not only you seek immediate legal counsel, but also seek experienced counsel that can do justice to you amongst the complications that an assault charge can bring.
Find an Assault and Battery Attorney by Calling 661-310-7999
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