Assault Attorney in Modesto, California

An assault charge in California involves serious consequences. Even the least-serious assault conviction can harm your future; for example, it can hinder a new job opportunity, child custody, or housing options. However, you may have options to fight your charge of an assault accusation.

At Roth Legal, A Professional Law Corporation, attorney Ryan Roth has the experience, resources, and knowledge necessary to defend your rights. If you are facing an assault conviction, it is vital to speak with a criminal defense attorney for an evaluation of your circumstances to protect your future. Roth Legal, A Professional Law Corporation proudly serves clients in Modesto, Stockton, Manteca, Merced, and throughout California.

What is Assault Under California Law?

In California, an assault charge results when someone attacks or attempts to attack another person with the intent to harm them. Therefore, you do not have to actually physically hurt somebody to be charged with assault. For example, if you were to throw an object at a person and missed, you can still be charged with assault.

Types of Assault

In California, the basic charge for assault (also referred to as “simple assault”) is a misdemeanor offense. Moreover, assault in California can involve a deadly weapon, a specific victim, or can be a situation where there are serious injuries inflicted. Depending on the specifics of the crime, more serious incidents of assault are “wobbler” charges, with the potential of being charged as either misdemeanors or felonies.

If you are facing a conviction of any of the following assault charges, you may be facing serious consequences:

Assault with a Deadly Weapon

Assault with a deadly weapon includes evident weapons such as a gun or knife. However, other objects can identify as deadly weapons if they are used with the intent to kill or cause substantial harm.

Assault with a Firearm

An assault conviction involving a firearm could result from any of the following three instances:

• A gun was pointed at someone

• Shots were fired and missed

• Someone was seriously injured

Assault with Caustic Chemicals

Caustic chemicals are any substances capable of damaging living tissue on the body. You can be charged by tossing or placing these substances on someone resulting in an injury.

Assault with a Deadly Weapon on a School Employee

A charge can become even more serious if you attempt to harm a school employee with a deadly weapon, stun gun, or taser.

Assault on a Peace or Police Officer

You may be facing additional penalties if you attempt to harm someone who is on duty in the following occupations:

• Police Officer

• Firefighter

• EMT or Paramedic

• Lifeguard

• Animal Control Officer

• Search & Rescue

• Doctor or Nurse

• Traffic Officer

Possible Penalties

Penalties for misdemeanor convictions in California begin with up to six months in county jail, fines of up to $1,000, and/or summary probation. Summary probation, or perhaps informal probation, is an alternative to jail under the supervision of the court that entails going to the court frequently for progress reports to indicate compliance with probation. In addition, probation may include paying fines, paying restitution, and/or community service.

More serious incidents of assault can result in felony charges, which bring more severe penalties. It is vital to speak with a knowledgeable criminal defense attorney who can analyze your situation and review your best options.

Possible Defenses

An assault conviction can have various defenses depending on the specific circumstances. Examples of common defenses include:

• You or someone around you was in danger, and it was necessary to defend against it.

• You were not the perpetrator, especially if the perpetrator was wearing a mask.

• The victim did not respond as if they were in danger.

• You were defending your own personal property.

• You were coerced into assaulting someone.