Aggravated assault under California law is a more serious criminal offense than simple assault. Typically, aggravated assault is a crime that involves an assault on a victim that is particularly vulnerable, the use of deadly force, or an assault that results in serious injury to another person.
According to the simple assault laws of the state, it is illegal to touch or harm another person. A defendant does not necessarily have to even touch someone to be found guilty of this offense. Aggravated assault, on the other hand, is much more serious than simple assault, and there are five types of assault with which a person may be charged.
The types of aggravated assault are assault with a deadly weapon, assault with a firearm, assault likely to cause bodily injury, assault with caustic chemicals, and assault with a deadly weapon on a school employee. The definitions for these offenses are:
- Assault with a deadly weapon refers to an assault on another person with a deadly weapon.
- Assault with a firearm refers to assaulting someone while using a firearm, such as pointing a gun at someone
- Assault likely to cause bodily injury means an assault that could reasonably result in broken bones, or other injuries
- Assault with caustic chemicals is an assault with toxic substances with the intent to disfigure the victim
- Assault with a deadly weapon on a school employee can also include tasers and stun guns on any school official
A conviction for aggravated assault will result in very serious penalties of up to one year in jail and up to $10,000 in fines. A person may also have to pay restitution to the victim, serve probation, and the defendant’s weapon or firearm may be confiscated if they have been convicted of a crime before. In certain situations, someone convicted of aggravated assault may have to attend community service or an anger management course.
While facing charges is scary, it is important to know there are defenses available. A Ventura criminal defense lawyer can explain these defenses and advise on which one is applicable to your case. The most common defenses used in cases involving aggravated assault are as follows:
- No assault occurred, which typically means the actions of the defendant did not rise to the level of aggravated assault outlined in the law
- Self-defense, which the law allows when the defendant thought they were in imminent danger, believed the force was necessary to stop the threat, and they used reasonable force
- Falsely accused or mistaken identity, which is typically used when the offense involved many different parties and one lies to avoid being charged with a crime
No one should try to fight charges of aggravated assault on their own. One mistake could cost you your freedom. A criminal defense lawyer will help ensure that does not happen.
If you have been charged with
Aggravated assault, call 805-477-0070 now.
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