San Jose Assault Lawyer 

Defending Clients Accused of Assault in Santa Clara County 

If you are charged with assault, you face severe and life-altering consequences. An assault conviction in California can result in penalties, fines, and even jail time. Almost any contact with another party can be evidence against you in a trial. For example, if you bump into someone on a busy street, you can be charged with assault — even if it was an accident. Additionally, you can still face assault allegations even if you do not make contact with someone. If you face such allegations, then our San Jose assault attorney can help.

Sometimes hard, working, and good people find themselves in unfortunate situations. For this reason, we believe everyone deserves a second chance. At the Law Offices of Nick Cvietkovich, we have been defending people against assault allegations for years. We use every available tool and resource to prove that you did not intentionally assault someone.

Are you facing an assault charge in California? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a meeting with our assault attorney in San Jose!

What Is Assault in California?

California Penal Code 240 defines assault as an incident when someone intentionally attempts to cause another person harm. It is important to note that you do not need to touch someone for it to be assaulted physically. If someone physically touches someone else, a battery charge can occur. For example, an assault charge can occur if someone threatens to use violence or invokes fear of harm in another person through an intentional act. Alternatively, a battery charge occurs when someone uses physical force on someone else.

In general, there are a few details that must be proven for a person to be found guilty of assault, including:

• Acted Willfully: Prosecutors will try to claim you acted willfully. Acting willfully means that there was a deliberate attempt to break the law. For example, if someone has text messages of someone threatening an individual, it can be used as evidence against the defendant that they willingly broke the law. Our San Jose assault attorney can scrutinize these claims.
• Aware of Reaction: Since you do not need to touch someone to be charged with assault, the courts will consider if your actions made a reasonable person believe you would use force against them. For example, if a person verbally threatens someone and tells them they will harm them, an individual might reasonably believe that this would happen.
• Ability to Apply Force: For an assault charge to stick, you must prove that you could commit the act. For example, if you have a disability that prevents you from performing the circumstances of the crime, then you can have charges reduced or dismissed.

What are the Penalties for Assault in California?

Assault is a serious criminal offense in California and can result in significant penalties. The specific penalties for assault will depend on the circumstances of the offense, including the severity of the injury caused, the use of a weapon, and the victim's age and occupation. 

Here are some of the penalties for assault in California:

• Misdemeanor assault: If the assault does not result in serious injury and does not involve a weapon, it may be charged as a misdemeanor. The penalties for misdemeanor assault can include up to six months in jail, a fine of up to $1,000, or both.
• Felony assault: If the assault results in severe injury or involves a deadly weapon, it may be charged as a felony. Felony assault can result in penalties including up to four years in state prison, a fine of up to $10,000, or both.
• Aggravated assault: If the assault results in significant bodily injury or is committed against a certain protected class of people (such as police officers, firefighters, or public officials), it may be charged as aggravated assault. Aggravated assault can result in penalties, including up to life in prison, a fine of up to $10,000, or both.
• Assault with a deadly weapon: Penalties for this offense can include up to four years in state prison, a fine of up to $10,000, or both.
• Assault on a police officer: Penalties for this offense can include up to three years in state prison, a fine of up to $10,000, or both.

It is important to note that there are only some possible penalties for assault in California, and the specific penalties for an individual case will depend on the unique circumstances of the offense. If you have been charged with assault, speaking with an experienced criminal defense attorney who can help you understand your rights and legal options is important.

San Jose Assault FAQ

What is the difference between assault and battery in California?

Assault and battery are distinct offenses in California. Assault involves the attempt or threat to inflict harm, while battery is the actual use of force or violence on someone. Essentially, assault is the threat, and battery is the physical act.

What is the legal process for assault cases?

The legal process typically begins with an arrest and arraignment, where charges are formally presented. This is followed by preliminary hearings, plea negotiations, and potentially a trial if a plea agreement isn't reached. Each step requires careful navigation to ensure the defendant's rights are protected.

How does intent play a role in assault cases?

Intent is a crucial element in assault cases. The prosecution must prove that the defendant had the specific intent to commit an act that would likely result in physical harm to another. Lack of intent can be a strong defense.

How might California's laws affect sentencing for assault?

California law considers various factors when determining sentencing, such as the severity of the assault, the defendant's criminal history, and whether a weapon was involved. Penalties can range from probation and fines to imprisonment, depending on the circumstances.

How can a lawyer assist in assault cases?

A lawyer can provide essential guidance by analyzing the evidence, developing a defense strategy, and negotiating with prosecutors. They ensure the defendant's rights are upheld throughout the process and work to achieve the best possible outcome, whether through dismissal, reduced charges, or alternative sentencing.

Common Defenses Against Assault Charges 

You may feel overwhelmed after an arrest or charges of assault. After all, many of the allegations involve abstract testimony and questionable evidence. Since this is the case, contacting an experienced California criminal law attorney is in your best interest as soon as possible. There are a few reliable defense options that our experienced San Jose assault attorney may consider. Contacting an attorney is the best way to determine how to strengthen your defense.

After reviewing your case, our San Jose assault lawyer may advise on a defense strategy that includes the following:

• Failure to Prove Intent: For an assault charge to stick, the prosecutors must prove that you intentionally committed the act. For example, bumping into someone accidentally is not an assault, just a harmless accident. Depending on the circumstances, our San Jose assault attorney can highlight facts that show you did not intend for harmful contact to occur.
• Acted in Self-Defense: You can justify an assault if you committed the offense while defending someone else or yourself. For instance, if you felt genuine concern over the imminent danger that caused you to act, you can use this as a defense.
• False Accusation Defense: The charges against you may be false or misleading. For example, there could be a case of mistaken identity. If this is the case, you can get your assault charge thrown out with the proper representation.

Start your defense with our San Jose assault lawyer! Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online.