What Is Assault?

The crime of assault is an intentional attempt to injure someone. It is important to know the distinctions between assault and battery. Assault only requires the intentional attempt to injure someone, while battery requires actual physical contact with someone. For example, you could be charged with assault for trying to punch someone, even if you miss. However, a battery occurs when your fist comes into contact with the other person.

An assault conviction can have far-reaching consequences including jail time and fines. With your future and reputation on the line, you should hire an expert assault attorney as soon as you can. Wallin & Klarich has 40+ years of experience helping clients in Irvine avoid conviction. Consult with our skilled assault lawyers today by calling us at (949) 776-3424.

The Elements of Assault | Irvine Prosecution

The prosecutor must prove you committed the following to convict you of assault in Irvine: 

  • You acted intentionally. 
  • You acted in a way that could have caused the alleged victim harm or injury.
  • Your actions were threatening, violent, or dangerous. 
  • You were able to apply force.

Note: Even if you did intend to cause the victim harm, the prosecution could charge you with assault in Irvine. It’s crucial to have a skilled assault attorney at your side to explain what really happened.

Irvine Assault Charges

Irvine prosecutors aggressively seek convictions for violent crimes like assault in an effort to curb the number of instances of these crimes. You could face a variety of assault charges in Irvine depending on the factors of your case, including but not limited to:

  • PC 240 – Assault
  • PC 241 – Assault Against a Peace Officer
  • PC 245 – Aggravated Assault

To fight false accusations of assault, you need the assistance of our expert assault lawyers. We can help you navigate the complex legal battle ahead. With 40+ years of experience, we have the necessary skills to help you avoid a permanent mark on your criminal record. Call Wallin & Klarich today and consult with our skilled Irvine lawyers.

Assault Penalties | Consequences Of Conviction

An assault conviction will stay on your record for life unless the court later grants an expungement. This can wreak havoc to your personal and professional life. Additionally, you face severe legal penalties for assault in Irvine, which can significantly increase with prior convictions or other aggravating factors. Below, our assault lawyers have highlighted the penalties for misdemeanor and felony assault in California.

Assault | PC 240

A violation of California Penal Code 240 is a misdemeanor known as simple assault. A conviction can result in the following penalties:

  • Six months in jail 
  • A fine of $1,000 fine
  • Informal probation
  • Batterer’s program
  • Community service

Assault Against A Peace Officer | PC 241

If the court finds you guilty of assaulting a protected official, you face a more serious sentence. California law protects police, peace officers, firefighters, paramedics, nurses, doctors, and other public safety officials. A violation of  Penal Code 241 can result in the following penalties for assaulting a peace officer in Irvine:

  • One year in jail
  • A fine of $2,000
  • Probation
  • Community service

Assault With A Deadly Weapon | PC 245

Assault with a deadly weapon is frequently referred to as aggravated assault. Because this assault involves the risk of death, the penalties resulting from an ADW conviction are very severe. While AWD can be a misdemeanor, the prosecution will look to make it a felony whenever possible. AWD automatically is pursued as a felony if you acknowledge using a deadly weapon, have prior violent convictions, or caused severe injury to the alleged victim. 

A violation of California Penal Code 245 results in the following penalties for assault with a deadly weapon in Irvine:

  • Two to four years in prison (Felony)
  • One year in jail (Misdemeanor)
  • A fine of $10,000
  • Probation
  • Strike on your record – According to California’s Three Strikes Law, the court could sentence you to double the penalties for one prior strike or 25 years to life in prison for two prior strikes at the time of your conviction. 
  • Six months in jail to 12 years in state prison for violating PC 245(a)(2), using a firearm during the assault.
  • Permanent revocation of your driver’s license for violating VC 13351.5(a),  aggravated assault using a car as a deadly weapon. 

Professional and Personal Consequences

In addition to jail or prison time, an assault conviction can wreak havoc on your personal and professional life. Some people may assume that you’re a violent person. This may cause problems in your relationships and interfere with job opportunities. Depending on your current career, a conviction and potential jail or prison sentence may also get you fired and unable to find another job. With the financial stress of expensive fines, you may find it difficult to provide for your family. 

Our skilled Irvine defense attorneys have over 40 years of experience fighting assault charges. We’re here to help you through this challenging time. Wallin & Klarich provides affordable rates for expert legal representation and reasonable payment plans, so you can easily hire one of our experienced criminal defense lawyers. Learn how we can help you by calling our office today at (949) 776-3424 for a free consultation!

Fight Back | Possible Defenses Against Assault Charges

Don’t make the mistake of trying to win your assault case alone. Select one of our experienced assault lawyers to prepare the solid defense you need. Wallin & Klarich has the experience and skill required to help you avoid an assault conviction in Irvine. We’re dedicated to proving your innocence, and we’ll fight aggressively to protect your rights. Check out our testimonials to learn more about how we’ve helped others facing assault charges achieve successful outcomes. You’ll find some of the top defense strategies for assault below:

Self-Defense:

We will protect your legal right to defend yourself or others in California. When trying to prove that the alleged victim attacked you first, it’s essential to present a stronger argument than the prosecution. Your Wallin & Klarich attorney knows the requirements of this defense, which include:

  • An immediate fear of injury or death.
  • A reasonable belief you or someone else was in danger of serious injury or death.
  • The use of reasonable force.

Our skilled assault attorneys will review your case to find evidence that supports “self-defense” or “defense of others.” If you face assault charges in Irvine, call our office today for the expert defense strategy you need!

Lack Of Intent:

The prosecution might charge you with assault even if you didn’t mean to act in a way that offended or harmed the victim. In this case, we can argue a lack of intent on your behalf if the assault was a misunderstanding or accident. Since the state must prove you intentionally acted with the knowledge that your actions posed a danger to the victim, we will work hard to disprove this element of the assault.

The Credibility Defense:

If the jury believes the allegations, the prosecution can easily convict you of assault. However, our Irvine defense lawyers can challenge your accuser by emphasizing problems with their story, as we have done for past clients. Read how we helped M.G. get assault charges dropped in California.

If someone has accused you of trying to injure them, you need a highly skilled attorney at your side. Learn how we can help you win your assault case. Call Wallin & Klarich today at (877) 4-NO-JAIL!

Choosing A Top Assault Defense Attorney | We’ll Fight For You

With so many defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When you choose a defense attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice
  4. Specialized Legal Expertise

Trusted Legal Advocates | The Wallin & Klarich Difference

You need to be able to trust your assault defense attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a skilled assault defense lawyer who understands the best way to negotiate inside and outside court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help win your assault case in Irvine, CA. Contact us today toll-free at (877) 4-NO-JAIL or (949) 776-3424 for a free consultation with a local assault attorney that you can trust!

We’re here to help you!

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