Tustin Assault Defense Attorney
What Is Assault?
As defined by California Penal Code Section 240, assault is an unlawful attempt to commit a violent injury on another person. Assault is distinct from battery in that battery occurs when there is actual contact, while assault only requires an attempt. You can be charged with assault even if you never touch or injure the alleged victim. In order to convict you of assault, the prosecution must prove the following elements:
- You committed an act that would result in the application of force on another person.
- You acted willfully or purposefully.
- You understood your actions would result in the application of force.
- You had the ability to apply the force.
For this crime, you could be charged under one of the following sections depending on the circumstances of your case:
- Assault (PC Section 240)
- Assault against a peace officer (PC Section 241)
- Aggravated assault (PC Section 245)
Tustin Assault Penalties
If you are charged with assault in Tustin, it is likely that the prosecution will pursue aggressive actions against you. This means that you may be facing hefty fines, probation, and jail time. With so much at stake, it’s important to secure an excellent defense attorney who has experience defending against assault charges. Contact Wallin & Klarich today for expert legal advice to help you avoid conviction. The penalties for various types of assault convictions in Tustin are outlined as follows.
Simple Assault (PC Section 240)
Simple assault is charged as a misdemeanor. If you are convicted, you may face the following penalties:
- Up to 6 months in county jail
- Up to $1,000 in fines
- Batterer’s program
- Community service
Assault Against a Peace Officer (PC Section 241)
The penalties are more severe if you assault a peace officer, firefighter, emergency medical technician, or other public safety personnel. If you are found guilty under this section, you may face the following penalties:
- Up to 1 year in county jail
- Up to $2,000 in fines
- Community service
Aggravated Assault (PC Section 245)
Aggravated assault is any assault with a deadly weapon. This is seen as a more serious crime due to its heightened potential for injury to others. Depending on the circumstances surrounding your case, the prosecution can charge aggravated assault as either a misdemeanor or a felony. If you are convicted of aggravated assault, you may face the following penalties:
- Up to 1 year in county jail for a misdemeanor conviction
- 2, 3, or 4 years in state prison for a felony conviction
- Up to $10,000 in fines
- A strike under California’s Three Strikes Law
Personal and Professional Consequences
In addition to harsh legal penalties, an assault charge can take a toll on your personal and professional life. If you are found guilty of assault, you will have a criminal record for the rest of your life. A jail sentence may cause you to lose your job, and future employers may deem you dangerous and decide against hiring you. This can make it even harder to pay the necessary fines and provide for your loved ones. To clear your name and prevent these charges from ruining your future, consult with our experts at Wallin & Klarich soon after your arrest. We understand how important it is to have experienced lawyers who know the best defense strategies for assault, and we will work hard to have your charges dropped.
Defenses for Assault
Just because you’ve been accused of assault does not mean you are helpless. With the help of Wallin & Klarich, you can have a solid defense strategy to convince the court of your innocence. For over 40 years, our attorneys have represented clients accused of assault in Tustin with great success. Below, we’ve included some of the most effective defenses that we have used in order to help our clients.
One of the most common defenses for assault is self-defense. In using this defense, you are essentially admitting that you broke the law by assaulting someone, but that the assault was justifiable under the circumstances. In order to successfully prove self-defense, your attorney must show that you were protecting yourself or others from harm with reasonable and proportional force. For example, if someone is beating up your child, you have the right to defend your child by pushing off the attacker. If self-defense led to your assault charge, our attorneys can use this information to persuade the court that a reasonable person in your position would have acted the same way.
Lack of Intent
An element of assault is that you must have acted willfully or purposefully. If you lacked intent, the prosecution cannot convict you. For example, if you are moving out of your apartment and a box accidentally slips out of your hands and hits your neighbor, this does not constitute assault because it was unintentional. Your attorney can argue that you had no reason to believe that carrying the box would harm your neighbor and that the incident was a complete accident.
It may be that the charges leveled against you are completely untrue. False accusations may be fueled by personal grudges against the defendant, or they may simply be the result of mistaken identity. If that’s the case, our attorneys will investigate your case’s circumstances and search for evidence that the alleged occurrence didn’t actually take place. Our team will strive to prove your innocence and have the allegations against you dropped.
Hiring a Tustin Defense Attorney | How We Can Help You
When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms:
40+ Years of Experience Defending Assault Charges
With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.
24/7 Communication with Your Attorney
We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us.
Track Record of Success
Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of assault charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom.
Reputation and Credibility
It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well.
Discover how our skilled negotiators can help you fight an assault charge. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.