A person is guilty of a basic assault if he 1) willfully committed an act which naturally, probably, and directly would apply physical force on someone; 2) was aware that physical force would be applied; and 3) had the present ability to apply that physical force. No injury needs to result from the physical force, but if there is an injury, that could be evidence supporting an assault conviction.
From simply pushing another person, to brandishing a firearm at another, to throwing water on another, and more, assault charges come in many different varieties. To make matters more complex, where the assault takes place (eg: at a school), to whom the force would be applied (e.g.: against a police officer, or a family member), the intent of the actor (e.g.: to commit rape), and who it is committing the assault (e.g.: a police officer unnecessarily hitting an arrestee) affects the nature of the assault charges a person could face.
Depending on the exact type of assault charges, if convicted a person could be exposed to punishments up to and including life in prison. In California and Federal jurisdictions, the prosecuting agency chooses which charges to file against a person, and the willingness or unwillingness of the assault victim may have no impact on whether or not the charges are filed.
An effective defense can protect a person against an assault charge.
When facing criminal charges, hiring the right lawyer is one of the most important things you can do.The experienced criminal lawyers at Boxer McLaughlin, APC can find a way to maximize our client’s outcome – from negotiating a favorable settlement to winning at trial.
With decades of criminal defense experience the attorneys at Boxer McLaughlin, APC know how to achieve success for our clients.
As experienced criminal defense attorneys we know how best to defend our clients against the government.
Call our office for a consultation (949) 261-2700, or email us by clicking here.