San Bernardino Assault/Assault with a Deadly Weapon/Assault on a Police Officer Attorney

Defending the rights of Californians who have been charged with assault, assault with a deadly weapon, or assault on a police officer in San Bernardino.

Assault and battery cases are often interrelated, though they are separate crimes. The major difference between assault and battery is that assault is an attempt to use force against another person. With battery, force is actually used. This means that any attempt to hurt someone can result in a misdemeanor conviction that carries both jail time and significant fines.

To protect your rights and your future, you need the best legal representation possible. When you choose the Law Offices of David S. Chesley, you can expect the best criminal defense attorneys in San Bernardino. We will review your case, prepare a defense and fight aggressively for your rights.

What are the Different Types of Assault in San Bernardino?

Assault cases can be complicated because you don’t need to harm a person to be charged with the crime. According to California Penal Code 240, it is a crime to attempt to commit a violent injury on another person. To be found guilty of assault, a prosecutor must prove that you did something that was likely to cause harm against someone else and that you acted wilfully.

Here are the different types of assault that our San Bernardino assault lawyers commonly work with.

Assault

California Law defines assault as an, “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” In other words, you only need to attempt to harm someone. You can be charged with assault even if you did not touch the other person. When you are convicted of assault, the following must be true:

• You acted in a way that was likely to result in the application of force (any harmful or offensive touching) to someone else.
• You acted willfully.
• When you acted, you were aware that a reasonable person would find your actions to be potentially harmful.
• When you acted, you had the ability to apply force.

Assault with a Deadly Weapon

Assault with a deadly weapon (ADW) is punishable under Penal Code 245(a). It occurs when you attempt to commit a violent action upon another person by using a deadly weapon, such as a knife or firearm. Additionally, the instrument used in the attempted assault is likely to perform great bodily injury. So, if you get into a bar fight and use a broken beer bottle to hit someone’s face, the beer bottle would be considered a deadly instrument.

Assault on a Police Officer

Another type of assault is assault on a police officer, which is a punishable crime under California Penal Code 241(c). In San Bernardino, it is a crime to commit assault or battery against a police officer, peace officer or emergency personnel. Additionally, if the assault interfered with the officer’s duties, you can be charged with obstruction under Penal Code 148. Penalties may include fines and jail time.

Assault on a police officer is a serious charge, which is why you should consult with a team of experienced assault lawyers in San Bernardino if you have a negative encounter with an officer. The charges are more severe and aggressive in these cases, therefore, the penalties are as well.

Penalties for Assault in San Bernardino

Depending on the circumstances of your case, your assault crime may be charged as a misdemeanor or felony.

• Simple assault. This type of assault is involved against another person and results in up to $1,000 in fines and jail time up to six months.
• Assault against a parking officer. If you assault a parking officer, you can face up to $2,000 in fines and up to six months in county jail.
• Assault against a peace officer. If you commit assault against a peace officer or emergency personnel, you may get up to $2,000 in fines and up to one year in county jail.
• Assault with a deadly weapon. This may be charged as a felony or misdemeanor. The penalties depend on the severity of the victim’s injuries, the type of weapon that was used and whether the victim was a police officer.

Additional Factors that Affect the Severity of Consequences

If this is your first assault case, and you have a strong legal defense, your crime will probably be charged as a misdemeanor without jail time. Of course, this does not mean that you can wipe away the charges, as you will still have fines to pay and a criminal record. This is why working with the best San Bernardino assault attorneys is imperative to a successful outcome.

That said, some aggravating factors can turn a simple assault into something much more serious. If you have a past criminal background or a history of assault cases, you may get jail time and/or higher fines.

Legal Defenses for Assault in San Bernardino

Because assault cases can result from an attempt and not using actual force, there are legal defenses available to help your case. When you meet with our criminal defense attorneys in San Bernardino, we will review your circumstances and determine which defense is appropriate. Our goal is to identify weaknesses in the prosecutor’s case and have your charges reduced or dropped.

Here are some of the most common legal defenses that our assault attorneys in San Bernardino use:

• Lack of intent. You are only guilty of assault if you acted in a way that was intended to cause harm. If you almost hurt someone on accident and did not have the intention to harm the person, you cannot be charged with assault.
• Self-defense. If you were protecting yourself from another person, you are not guilty of assault. However, the person had to be acting in a way that was likely to cause harm.
• Defense of other people or property. Assault charges are not valid if you assaulted a person while trying to protect another person or property.
• No deadly weapon. Was the so-called weapon you were using actually a weapon? Could it have really caused harm to the victim? If the prosecution can’t prove that the instrument was harmful, your charges may be reduced.
• False accusations. Sometimes, people are accused of assault out of spite or revenge. If you are innocent, our criminal defense lawyers in San Bernardino will point out the inconsistencies and circumstantial evidence.

Schedule Your Confidential Consultation

Assault cases can be extremely complicated because only an attempt has to be made to be charged with this crime. Do not leave your case up to fate. Hire the best assault lawyers in San Bernardino and ensure that every aspect of your case is reviewed. All clients receive highly individualized legal representation from a team of criminal defense attorneys with over 50 years of courtroom experience. Schedule your free consultation with our team today.