Assault Attorney in Newport Beach
Arrested in Orange County? Call us!
Robert Miller & Associates are Orange County Criminal Lawyers who have experience in handling assault cases in Southern California. If you or someone you know has been charged in Southern California with simple assault, aggrevated assault or battery, we can help.
Under the law, California Penal Code Section 240, assault is committed when there is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
The Difference Between Assault and Battery
People often confuse assault and battery, or believe that both crimes are one in the same. One distinguishing factor is that an assault does not necessarily involve any actual physical contact and a battery does. In other words, an assault is an attempted battery and a battery is an accomplished assault.
Two Types of Assault
There are two types of assault under California law:
- simple assault- occurs if the person did not suffer a significant injury as a result of the offense (misdemeanor)
- aggravated assault- occurs if a person used a deadly weapon or if the offense causes a serious injury.
What a Prosecutor Needs to Prove for a Simple Assault
A prosecutor must prove three things to charge someone with a simple assault under Penal Code Section 240:
- The offender willfully acted in a way that would likely result in physical contact with another person;
- The offender was aware that the act would likely result in physical contact; and
- The offendor had the ability to carry out with the act that caused the contact.
Punishments for Assault
A simple assault is a misdemeanor and may result in the following penalties and punishments:
- Informal probation up to three years
- Up to six months in the county jail
- Up to a $1000 fine
What are the key issues in an assault case?
- Willful– intentional. It doesn’t mean that one person intended to injure another person, but that they acted willfully in doing the act that resulted in assault.
- Physical Contact– any touch, no matter how slight, that is harmful or offensive. It doesn’t have to be directly or even cause injury.
To defend against these, an attorney might try to prove that you:
- were not able to carry out the assault
- were acting in self-defense
- were falsely charged
If you or a loved one has been arrested for assault, get professional representation from our Orange County Criminal Attorneys immediately by contacting our firm at (877) 942-3090, toll free.–