What to do if charged with assault in LA County
Under California law, assault is defined as s an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 484.) In other words, when one person attempts to cause a violent injury; such as, a person picking up a baseball bat and swinging the bat at a person’s face, it is assault. Now, unlike battery, to be convicted of assault in Los Angeles County one does not have to make contact or actually commit a violent injury. So long as the person attempted to cause the injury, then a person could be charged with assault in Los Angeles County.
In order to prove assault, the district attorney must prove the following beyond a reasonable doubt:
- The defendant committed an act that by its nature would directly and probably result in the application of force to a person
- The defendant did that act willfully
- When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone
- When the defendant acted, he had the present ability to apply force to a person.
If the prosecution is successful in proving all the above elements then the person will be guilty of a misdemeanor, which is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment. Also, if the assault was committed on law enforcement, emergency medical personnel or a firefighter, then the punishment will be increased to a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
Call a Los Angeles Assault Attorney Today
If you are accused of assault in Los Angeles, you need to speak with an experienced Wallin & Klarich assault attorney immediately. Do not pay bail without first speaking to an attorney. If you do, it could cost you thousands of dollars. Our skilled criminal defense attorneys have over 40 years of experience successfully defending our clients accused of assault. We can help you now.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich assault attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no obligation telephone consultation. We will be there when you call.
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