Have you been charged with Assault?
Let us fight for you
Assault is considered a violent crime in California and with it comes some of the toughest punishments. If you have been accused of an assault crime in California, you do not want to fight your case alone. Hiring an experienced criminal defense attorney should be your first step.
Getting arrested for assault can be a hardship not only financially; but also to your friends and family.
Burga Law Firm PC understands what you'll be facing and we'll use our skills and experience to resolve them for you.
Burga Law Firm PC is an Assault Defense Attorney in Rancho Cucamonga with a history of success in defending assault cases
Why am I being charged with assault?
Either you were involved in a heated argument with someone or things got out of hand can lead to you being charged with assault. However, it is very common for people to be wrongfully charged and even convicted of assault.
Assault is defined in California Penal Code Section 240, which states:
“An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
An assault can happen at the workplace, sporting event, a party or event, etc. All it takes is for someone claiming to be a victim of assault committed by you.
We will fight for you to keep your Professional License
What can I do if I am arrested for assault?
Assault is a violent crime in California and it comes with some serious penalties. We always tell our clients that if you are being arrested or interrogated for assault that you exercise your right to remain silent. You should hire an assault defense attorney right away. An assault defense attorney will start working on your case to either avoid your case being filed in Criminal Court or Dismiss the charges.
What happens at my court date?
Your first court date is called your arraignment. That day the judge will read to you the charges that the District Attorney filed against you. Typically they are:
California Penal Code Section 245(a) - Assault with a deadly weapon
California Penal Code Section 240 and/or 242 - Simple Assault
If the charges are serious, the District Attorney could ask that you be held in custody and not be released until a bail bond is paid.
At your first hearing, the District Attorney will provide your attorney with the evidence that they have against you and your attorney will plead not guilty on your behalf and schedule a Pre Trial date in the future to have time to review the evidence. If the evidence is weak or contains constitutional violations, we can ask the court to dismiss the charges.
What are the elements of assault in California?
That you acted in a manner likely to result in the use of force against a person
That it was done willfully
That you were aware of the facts that would lead a reasonable person to believe that your act would result in force against the other person and
You had the ability to apply such force.
What are the defenses to Assault?
Assault does not require that someone was hurt by your actions, which is important that you hire an assault defense attorney. At Burga Law Firm PC we have been successful in defending assault cases. Some of the legal defenses available against assault are:
You did not have the ability to inflict force or violence on the other person
You acted in self-defence or defense of others
You did not act willfully, and
You are falsely accused
What are the penalties for an Assault conviction?
Penalties for assault can have serious consequences on people because Assault is considered a violent crime in California.
You can be charged as a misdemeanor assault and this comes with:
A fine of up to one thousand dollars, and
Up to six (6) months in county jail
If you are charged as a felony assault then your penalties can be:
2, 3 or 4 years in State Prison
If you are facing the possibility of receiving a maximum sentence you should give us a call. We can review your case and go over any mistakes from the police, the District Attorney, or legal defenses that may apply. Don't plead guilty before you call Burga!