Under Penal Code section 241, to convict you of assault in Ventura a prosecutor has to prove that you willfully and unlawfully attempted to injure someone else and had the present ability to do so. Essentially, this means that:
(1) You tried to injure someone else
(2) You were in control of your actions; and
(3) You were not provoked or otherwise allowed to do it
Under California Penal Code section 241(a), simple assault is a misdemeanor and a conviction can mean a $1,000 fine and a six-month jail sentence.
Those penalties can increase depending on the alleged victim and the circumstances. If your alleged victim is a public servant, then a misdemeanor conviction can mean a $2,000 fine and a one-year jail sentence. These public servants include military, law enforcement, school employees, and health care professionals.
If the alleged assault occurred on various types of public property—for instance parks, public transportation, or schools—the possible penalties also increase to $2,000 and one-year in jail.
If this is your first offense, the law does not guarantee you a lower sentence. However, a good defense attorney can use that fact to argue that the court should dismiss your case or reduce your punishment.
If you face assault charges in Ventura , it is vital you contact an experienced Ventura Assault Defense Attorney from Wallin & Klarich. With over 40 years representing clients facing assault charges, we have the experience to help you. Call us today for a phone consultation at (877) 4-NO-JAIL or (877) 466-5215. We will be there when you call.
