Riverside Assault Defense Attorney
What Is Assault?
“Assault” occurs when you intentionally attempt to violently injure another individual. While assault and battery are often confused, they are separate crimes. While battery occurs when there is actual touching or force, assault can be charged if there is merely an attempt. You do not have to touch or injure the alleged victim to be charged with assault. Under California Penal Codes 240 and 241, the prosecution is required to prove the following:
- You acted in a way that would result in the “application of force” on the alleged victim.
- You acted willfully or on purpose.
- You understood your actions would result in the application of force to another.
- You had the ability to apply the force.
Types Of Assault
In Riverside, prosecutors take crimes involving violence very seriously, which means you’ll face aggressive prosecution. To avoid feeling pressured into giving up and accepting a guilty plea, it’s crucial to consult with an experienced assault lawyer right away. There are many types of assault crimes including:
- Penal Code Section 240 – Assault
- Penal Code Section 241- Assault Against a Peace Officer
- Penal Code Section 245 – Aggravated Assault
If you are charged with assault, you can be sentenced to expensive fines, probation, and time behind bars, which disrupt your professional and personal life. With so much at stake, it’s important to equip yourself with a solid defense. However, without extensive knowledge of the law, preparing for a legal battle is next to impossible especially when the laws regarding assault can be so confusing.
This is one of the many reasons that you should immediately contact one of our experienced assault defense lawyers at Wallin & Klarich. Our attorneys offer you expert legal advice and skills to construct a powerful defense strategy. Contact us today for a free consultation to discuss how we can help you avoid conviction.
Assault Penalties | What You’re Facing
For an assault conviction, you can be sentenced to serious consequences. Depending on the details of your case and criminal history, the state may even impose increased penalties. We’ve outlined the penalties for the various types of assault convictions in Riverside.
Simple Assault | PC 240
Under California Penal Code 240, simple assault is considered a “misdemeanor.” If the court finds you guilty of simple assault, you can be sentenced to the following punishment in Riverside:
- Up to six months in county jail
- A maximum fine of $1,000
- Batterer’s program
- Community service
Assault Against A Peace Officer | PC 241
If the court finds you guilty of assaulting a peace officer, firefighter, emergency medical technician, or other public safety personnel, the legal penalties are more severe. Under California Penal Code 241, the punishment for assault against a peace officer can include:
- One year in the county jail
- A maximum fine of up to $2,000
- Community service
Assault With A Deadly Weapon | “Aggravated Assault” | PC 245
Assault with a deadly weapon, also known as aggravated assault, carries much more severe penalties due to the potential injury to others. The prosecutor can charge you with either a felony or a misdemeanor depending on the facts of your case. However, most cases of aggravated assault are charged as a felony. Under California Penal Code 245, the consequences for assault with a deadly weapon can include the following:
- A sentence of two, three, or four years in state prison
- Up to one year in county jail
- A fine of up to $10,000
- Strike – Under California’s Three Strikes Law, aggravated assault is a strike offense. If you’ve been convicted of two other strike offenses in the past, you could be facing 25 to life.
- Under California Penal Code Section 245(a)(2), if you’re charged with using a firearm during an assault, you face a minimum of six months in county jail and up to 12 years in prison depending on the type of gun used.
- Under Vehicle Code Section 13351.5(a), if you’re accused of using a car as a weapon for felony assault, you could lose your driver’s license for life.
Professional and Personal Consequences
An assault charge is not something you should take lightly. If you’re convicted of assault, it will damage your credibility and leave you with a criminal record for the rest of your life. Being sentenced to jail can make you lose your job and maybe even your home. To add to your burden, employers may decide against hiring you, which makes it difficult to pay fines and provide for your family. This can be overwhelming for even the strongest of people.
At Wallin & Klarich, we understand how important it is for you to avoid conviction and time behind bars. The good news is that we have a team of experienced assault defense lawyers available to answer all your questions and help you. With over 40 years of experience successfully defending cases similar to yours, our law firm can guarantee expert legal representation when you hire us no matter the circumstances of your case. We’ll be your ally to provide guidance through each step of the process. Please contact us today for a free phone consultation.
Fight Back | Possible Defenses Against Assault Charges
Being accused of assault in Riverside may make you feel defeated and lost. However, with the help of Wallin & Klarich, you’ll have an experienced assault defense attorney to thoroughly investigate the details of your case and build a strong defense to convince the court of your innocence. During our 40+ years of representing clients in Riverside County, we have zeroed in on many effective defenses that have helped our clients achieve ideal results. We’ve outlined some of the most effective defenses for assault below.
“Self-defense” or “defense of others” is a common defense in assault cases, but it is only effective when argued by a skilled defense attorney. You have the right to protect yourself or others from harm with reasonable and proportional force. For example, if your neighbor begins punching your teenage son, you have the right to defend him against attack by pushing or pulling her off. However, you can’t go retrieve a crowbar and hit her over and over.
If defending yourself or others led to your assault charge, we will protect your right to self-defense. Your lawyer will examine the details of your case and gather evidence to persuade the court that anyone in your position would have acted in the same way.
Lack Of Intent
To convict you of assault, the prosecution must prove you acted willfully or on purpose. If you did not act intentionally, this defense can be effective in your case.
For example, you are moving out of your apartment, and while carrying a box down the stairs, you stumble causing the box to fall out of your hands and over the railing. It hits your grumpy neighbor, who says you dropped the box on purpose and calls the police. You are arrested and charged with assault.
Your lawyer would argue lack of intent in this case because you didn’t intentionally drop the box. He/she will gather evidence to support that you had no reason to believe carrying the box outside would harm your neighbor and that this was a complete accident.
The Credibility Defense
It’s important to consider the credibility of accusations in every assault case. Unfortunately, alleged victims sometimes provide false accounts or exaggerate what really happened. At times, this is due to a misunderstanding. However, other times alleged victims are seeking revenge due to a feud or a bitter divorce battle.
In the above example of you stumbling and dropping the box, maybe the box didn’t even hit the neighbor, but he is mad because you are making too much noise. He makes a false report to the police claiming you assaulted him to get back at you. In this case, your attorney would gather evidence from witnesses to prove you stumbled, as well as any proof of the alleged victim’s history of lying or making false reports.
When you hire Wallin & Klarich to defend you, one of our skilled attorneys will thoroughly examine the details of your case to assess the alleged victim’s credibility. If you’re falsely accused of assault, we will prepare to challenge the foundation of the prosecution’s argument with this defense strategy.
Hiring A Riverside Defense Attorney | How We Can Help You
When you’re facing criminal charges, it’s extremely important to hire a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe four (4) key aspects separate an average attorney from the best defense attorney.
- Track record
- Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Assault Charges
With over 40 years of experience defending clients accused of assault, our attorneys at Wallin & Klarich understand the different strategies that work in the courtroom based on the details of each case. We’re also familiar with the prosecutors, which gives us the advantage of knowing their strategies as well. Our real-world experience allows us to craft a strong defense, greatly increasing your chance of success.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
At Wallin & Klarich, communication and transparency are the foundation of our success. It’s easy for clients to get lost in all the paperwork and legality. We want you to know what’s happening with your case, so we keep communication open and honest, taking the time to listen and address your concerns. This is why so many people choose our attorneys when they’re facing accusations of assault in Riverside. With 24/7 lines of communication and expert guidance throughout their legal journey, our clients are happier and more well-informed. Working together, we’re able to achieve the best results.
Let’s begin building the strongest defense for your case. Give us a call at (877) 4-NO-JAIL.
Track Record of Success | Wallin & Klarich History of Winning Cases
Anyone can say they’re successful, but tangible results speak for themselves. We want you to be just as confident in our abilities as we are, so we invite you to look at some of our client’s success stories and big wins in the courtroom.
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
With hundreds of lawyers claiming to have extensive experience defending clients charged with assault in Riverside, it is challenging to choose the right law firm to defend you. For more than 40 years, we’ve defended cases involving assault, and many of our cases have been featured on television, in newspapers, and throughout the internet. Check out some of our most notable cases below.