The Law Offices of David A. Welch

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Assault and Battery

California Assault Defense Attorney

There are varying interpretations as to what constitutes ASSAULT. According to California Penal Code Section 240, assault is: "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." The key word is “attempt”, in that an actual injury does not need to have taken place. Aggravated assault is a more serious crime under the assault code sections. Aggravated Assault is a crime which carries the intention and ability to inflict serious bodily injury on the potential victim.

Typically assault added to a list of charges when filed by prosecutors and is usually accompanied by at least a Battery charge, thus the common vernacular of “assault and battery”. Assault by itself can be merely the intent to commit a battery. Assault is further categorized by the law in a variety of ways, depending on the type of conduct or seriousness of the crime.

In the State of California, County of Los Angeles, a variety of crimes involve assault. Terrorist threats: This does not necessarily involve the typical definition of a “terrorist”, but can be simply making verbal threats to cause another person bodily harm. As with many crimes in our modern age, what in past times might have been regrettable words in a moment of anger is now criminalized. Terrorist threat charges are often seen in domestic violence cases, where the accused has threatened harm to another, even if that harm was never carried out.

One crime that has consistently surprised us with the seriousness of how prosecutors charge it is assault with a deadly weapon. As citizens, when we hear of an assault with a deadly weapon, we assume the crime involved a gun, knife or other “weapon”. It is shocking to individuals to find that they have been charged with this crime, when no actual weapon was involved, just a fist, coffee cup or other object.

As mentioned, assault can be merely intending to commit at battery on another person. The act of physically attacking another person involves the elements of an assault. Enhancements or allegations can be added to assault charges, as in a hate crime or crimes committed in certain places such as schools.

The consequences for assault can include fines, jail and/or prison. As with most cases, the criminal penalties depend on the severity of the crime.

The Law Offices of David Welch represents individuals accused of assault in Los Angeles and other Southern California counties. Do not hesitate to retain a competent and experienced attorney If you have been accused of assault. It is also very important to take immediate action to seek representation so an independent investigation can take place. Feel free to contact our office today to schedule a free initial consultation to discuss how we may represent you.

We have over seventeen years of criminal defense experience assisting those accused of crimes. While most cases can be negotiated, we are also prepared to proceed toward trial in our defense of you. Our goal is to conduct a thorough investigation and aggressively defend against any and all charges.

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