Dublin Assault Defense Attorney

Bringing Decades of Experience to Your Case

Simple assault in California is defined under Penal Code 240 while aggravated forms of assault are covered under various specific statutes. Assault is often confused as “assault and battery.” However, assault is a separate crime from battery under California law. Assault can occur in many settings, from domestic violence incidents to fights between strangers in public places, such as bars, nightclubs, sporting events, entertainment venues, streets, parking lots, and more.

An assault conviction can lead to serious penalties as well as a permanent criminal record that can be detrimental to your future. As in any criminal charge, you should seek legal counsel from a skilled Dublin assault attorney to ensure you understand the potential repercussions of a conviction and your available legal options.

At The Law Office of Christopher A. Lamiero, our Dublin assault defense lawyer has more than 30 years of legal experience, including time spent as a prosecutor. Do not hesitate to let our firm fight for you in the courtroom and help you avoid serious criminal penalties.

If you've been arrested for assault, get a free, initial case review with our Dublin assault defense attorney. Contact us at (925) 259-3337.

What are the Types of Assault under California Law?

Simple assault under California law consists of making an unlawful attempt to cause a violent injury to another person coupled with the ability to do so. A simple assault does not necessarily include physical contact with the alleged victim. You can be arrested for assault simply by engaging in some action that was likely to end up with force being used against the other person. This could be raising a fist to strike someone, shoving, or throwing something (which failed to hit the victim). It could involve any type of touching that is considered offensive or meant to harm.

Simple assault is charged as a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000. However, this type of violent crime becomes more serious if it is committed against a public servant who is trying to do his or her duty. This includes law enforcement, fire fighters, emergency medical personnel, and more. In these cases, the penalties increase to up to a year in jail and/or a fine of up to $2,000.

Assault with a deadly weapon is a more serious type of assault, often referred to as aggravated assault. It involves using a weapon such as a gun or knife which can cause great bodily injury. Depending on the circumstances, it may be charged as a misdemeanor or a felony. Misdemeanor charges will result in a jail sentence of up to a year while felony charges can lead to two, three, or four years in a state prison.

Domestic “assault” in California may fall under the classification of domestic battery, child abuse, or elder abuse, depending on who the victim was and other circumstances. You will work directly with our Dublin assault defense lawyer, who has an outstanding track record of proven results over decades devoted to criminal defense.

What is the Punishment for Assault in California?

Under California law, you can face serious penalties for assault depending on the circumstances surrounding your case.

Possible penalties for simple assault include:

• Up to a $1,000 fine
• Up to a $2,000 fine if the assault is against a parking officer
• Up to six months’ jail time
• Up to six months’ probation

If the assault was against a public worker who was performing their duties at the time of the assault or a healthcare provider, the possible penalties include:

• Up to a $2,000 fine
• Up to one year’s jail time
• Up to one year’s probation

Possible penalties for any assaults that are considered “wobblers” include:

• Up to a $2,000 fine
• Up to one year’s jail time
• Depending on prior criminal history, sixteen months, two or three years in jail or state prison
• One to three years probation