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Assault Attorney Los Angeles
Sometimes people let their anger get the best of them. Assault cases frequently occur in heated social settings such as bars, clubs, or other venues where alcohol is being consumed. A skilled criminal defense attorney can help you defend yourself against assault and battery charges or assault with deadly weapon charges.
Assault & Battery
In California, a person may be charged with simple assault, or battery, if he or she attempted to use unlawful force against other person, with the present ability to commit an injury, or actually used unlawful force against the person. Simple assault and battery charges are generally filed as misdemeanors and arise in sympathetic situations where there are very minor injuries, such as scratches or bruises, to the alleged victim, if any injuries at all.
Possible Penalties
- up to 1 year in the county jail (depends on specific charge)
- prohibition from possessing a firearm for 10 years
- stay-away criminal protective order from the alleged victim
- court-ordered anger management classes
- CALTRANS or equivalent labor program
- probation period
- court fines and fees
Assault with a Deadly Weapon/Force Likely to Produce GBI
A person may be charged with assault with a deadly weapon (ADW)/assault with force likely to commit great bodily injury (GBI), when a person commits an assault upon another with either a deadly weapon or uses force likely to produce great bodily injury. Although these type of charges are wobblers (the charges can be charged as a misdemeanor or felony), these type of cases are frequently charged as a felony when the injuries to the alleged victim are significant.
Possible Penalties
- up to 4 years in state prison
- felony on the defendant’s record
- potential strike on the defendant’s record
- prohibition from possessing a firearm
- stay-away criminal protective order from the alleged victim
- court-ordered anger management classes
- CALTRANS or equivalent labor program
- formal probation or parole period
- court fines and fees
Potential Sentence Enhancements:
- alleged victim was a peace officer or firefighter
- alleged gang involvement (i.e. that the crime was committed for the benefit of a gang)
- great bodily injury enhancement
- use of a deadly weapon
- multiple alleged victims
There are many potential defenses to assault charges including:
- self-defense
- defense of others
- lack of ability to carry out assault
- accident/lack of intent
If you are facing assault charges, then you need an aggressive, and knowledgeable violent crimes defense attorney. Call The Law Offices of Karen L. Goldstein for a free, confidential consultation today: (888) 445-6313.
