They attacked someone with a lethal weapon other than a firearm or used force, which likely resulted in serious bodily injury. They acted deliberately and had facts that would lead a reasonable person to realize that the act would lead to the use of force. You also had the ability to use force that could cause serious bodily harm or attack someone, and you did not act in self-defense or defense of another person. Filing a personal injury charge with the California Police Department is a relatively simple process. You can call 911 or contact your local law enforcement agency. They will send you an agent to receive your testimony and the testimony of any witnesses who may have seen the attack. The officer will then report these statements to the office, prepare a written police report, and investigate the case against your abuser. As the person who filed the lawsuit, you can request a copy of the police report once it`s ready. In particular, you face increased penalties if you attack someone who is busy performing their duties As mentioned above, many people usually group “assault and battery” as a single crime, but they are actually two different crimes that often occur together. If your attempt to injure someone else involves a knife, weapon or other instrument that could cause serious bodily harm, you could be charged with assault with a lethal weapon (ADW). This high burden of proof means you have a chance to successfully beat your charges, so you shouldn`t hesitate to seek the help of an experienced Southern California criminal defense attorney. Depending on the circumstances, your battery advocate may be able to reduce your fees to a lesser offense.
For example, if you are charged with assault by throwing an object at a person`s motor vehicle, your charges could be traced back to the offence of throwing objects or substances at a motor vehicle if there is evidence that you did not have the current capacity to use force against the victim. Essentially, the difference between an attack and a battery charge in California is intentional. While a simple attack involves an attempt to inflict violent injuries on another person, a simple battery in California involves the actual use of force or force on that person. However, it is important to note that while the use of force is considered a mere battery under the California Penal Code, the law does not need to have caused any harm or injury. In any case, even the smallest simple charges of bodily injury or assault can have significant consequences, so it`s always a good idea to take your offense allegations seriously and consult an experienced defense attorney. The “elements” of the crime of assault – that is, the things the prosecutor must prove in order for you to be guilty of this offense – are as follows: Finally, one of the snowballs laden with pebbles hits Greg in the chest. When it breaks, Greg notices the pebble in the middle. At this point, he could lay charges of assault against Brandon because the rock may have hurt him, even if that wasn`t Greg`s intention at all. Finally, if you are pursuing a case against the person who allegedly attacked you, you will need your own legal representation.
Finding a lawyer who is familiar with California`s personal injury law is important when you`re formally filing your lawsuit against your abuser. This lawyer can review your medical records and police report and help you start building your case. While the laws on common assault and assault are relatively similar in California, these are two separate crimes, each with its own potential consequences. Understanding the difference between simple assault and battery and criminal attacks in California is key to understanding the nature of the charges you face. If your actions were on your own initiative and not because you acted under immediate duress (i.e., if you had not acted, you would have caused harm or someone else), it will likely turn out that you acted intentionally. Your intent (apart from the exception mentioned above) is not a factor. You don`t need to have intended to break the law, gain an advantage, or even hurt someone for acting intentionally in cases of bodily harm. Understanding allegations of bodily harm in California is crucial for anyone accused of such crimes, or for those who need to take legal action against someone else. The State of California has enshrined Section 240 of the California Penal Code on the definition of bodily harm and the presentation of its possible penalties. Essentially, the law states that a person has attacked another person if they commit an unlawful attempt in connection with the current ability to commit violent injury to another person. Assault is a serious offense in California, so if you find yourself in a situation involving allegations of assault in California, you should hire a lawyer immediately. Example: For example, let`s go back to Scott from above.
Let`s say he`s a little far from the saleswoman when he spits on her, and his saliva doesn`t really land on her. But because it is likely that he would have done so, he could still be guilty of aggression. An attack with a lethal weapon (CPC § 245(a)(1)) occurs in California whenever someone attacks another person with a lethal weapon other than a firearm, or when someone attacks another person with force that is likely to result in serious bodily harm. Bottom line: Doug intentionally performed an act that would have led to harmful or offensive contact when he pretended to beat Vince. Doug possessed facts that would lead Vince to shut down so much, while he pretended to beat Vince. He had no legal excuse. In addition, Vince is a former deputy public defender who is part of the class of people protected by law. However, Doug did not attack Vince in retaliation for performing his official duties or to prevent him from doing so. He just wanted to upset Vince because he didn`t like Vince when they were classmates.
Therefore, Doug should not be convicted.  Someone who was the victim of an assault in California has the right to sue the perpetrator for damages such as medical bills and lost wages. The defendant does not have to be convicted in criminal proceedings or even charged with a crime. In fact, a person found “not guilty” can still be prosecuted and lost. I am the San Francisco defense attorney, Valery Nechay, founder of the law firm Valery Nechay. I have achieved positive results for my clients, such as: rejection and rejection of cases, reduction of sentences, diversion leading to dismissal, and unpunished sentences for countless clients accused of assault and assault in California. If you or someone you love is facing a charge of assault in California or want to prosecute someone who attacked you, I have exactly what it takes to protect your rights. In the state of California, a party is guilty of simple bodily harm when they swing on another person, even if they miss it. For example, if you are in a bar where you verbally argue with another guest and one of you swings on the other, that person has committed the crime of a simple attack.
Under California Penal Code 240, this crime is a misdemeanor and can be punished with up to six months in jail in the county and/or a fine of up to $1,000. These charges may also be accompanied by other misdemeanor charges such as disturbing the peace, which can increase your potential penalties. The other associated charge is throwing an object at a vehicle defined under vehicle code 23110. Although it is usually a misdemeanor, it can be degraded into a crime if the discarded object could cause serious physical damage. There are times when a charge of bodily injury can be demoted to a VC 23110 charge. The increased penalties for these categories of assault above include up to one year in jail in the county and a fine of up to $2,000. One element of the California attack is that the accused must have had the ability to inflict violence on the “victim.” If he did not have this capacity, he is not guilty of assault.20 Legal defences that challenge the intent and ability of the alleged perpetrator to use force or violence may effectively challenge a charge of bodily harm. If it is a misdemeanor, penalties for assault are usually a fine of up to a thousand dollars ($1,000) and/or up to six (6) months of county jail. Section 245(a)(1) of the Criminal Code defines an attack with a lethal weapon. If you commit an attack with a firearm, knife or other lethal weapon, you may be charged with a misdemeanour or felony.
For a crime, you could be in a county jail for up to a year. For a crime, you could be in a state prison for two, three or four years. Plus, you can expect a fine of up to $10,000. Other related crimes for PC 240 assault, which are often charged in addition, are: If you attempt to use violence against another person with the intent to cause injury, even if you are unsuccessful, you may be charged with assault under the 240 PC Criminal Code.