Assault and Domestic Violence Law in California
Under California law, assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on another. In many situations, the assault occurs between people who know each other. A simple assault charge in California involves assault without a deadly weapon and is considered a misdemeanor. Aggravated assault in California involves a deadly weapon such as a knife or gun, and is a felony.
When an individual is charged with the assault or abuse of someone in their residence, a domestic violence charge is also filed. In a domestic violence case, the victim can be anyone living in the same house – spouse, parent, children, grandparent, etc.
Penalties for Assault and Domestic Violence in California
First time offenders of an assault and domestic violence charge typically are ordered to attend counseling, serve time on probation, and pay fines up to $1,000.00. If an assault is serious enough to warrant a felony charge, an offender could be required to spend many years in jail.
Simple Assault – Misdemeanor
Simple assault is a misdemeanor and is punishable by a fine of up to $1,000.00 and incarceration up to six months in county jail. Penalties also include probation up to five years, community service, and mandatory counseling. In certain situations, jail time up to one year may be required.
Aggravated Assault – Felony
Aggravated assault is a serious felony. Penalties can range from two to twelve years in prison, lengthy probation and up to $10,000 in fines. The offender may also be ordered to pay restitution to the victim. As with most charges, the sentence for a defendant found guilty of aggravated assault takes into account several factors, including whether the assault was committed with a weapon, what type of weapon was involved, the defendant’s prior criminal history, and the injuries suffered by a victim as a result of the assault.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates ensure that you receive diligent representation at every stage of the criminal defense process. We make certain that the entire process – from the initial filing of charges to final sentencing – is done legally and adheres to your constitutional rights. We also understand the complexity of assault and domestic violence laws. Our attorneys fully explore all of the circumstances when we take on a new client. There are also viable defenses we consider in each case, including:
- Self-defense and the defense of others, or the defense of property;
- Any situation where your actions were initiated in an attempt to stop a crime in the act.
If you or a loved one are in need of criminal defense representation and are interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our criminal defense services.