Are you facing assault charges in Los Angeles, California? Call Perlman & Cohen Los Angeles Criminal Lawyers at (310) 557-1700 today to arrange a free, confidential case review. Your future is on the line, and our experienced Los Angeles assault defense lawyers can help you protect it.
We are a criminal defense firm dedicated to fighting for the rights and futures of the accused. As award-winning litigators with 100+ years of combined experience, we’re known for taking on tough cases and consistently getting charges dismissed, negotiating favorable pleas, and achieving not guilty verdicts at trial.
Contact our office today to discuss the details of your assault case and discover how we can help you fight for the justice you deserve, too.
Why Choose Perlman & Cohen Los Angeles Criminal Lawyers To Help You Defend Against Assault Charges in Los Angeles, CA
A criminal assault conviction in Los Angeles, CA, can lead to fines, jail or prison, and lasting personal and professional consequences. The Los Angeles criminal defense lawyers at Perlman & Cohen Los Angeles Criminal Lawyers provide personalized, strategic representation tailored to the facts of each case.
Our team is recognized for excellence in criminal defense inside and outside of the courtroom by organizations like:
- The National Trial Lawyers Top 40 Under 40
- The National Trial Lawyers Top 100 Trial Lawyers
- American Institute of Criminal Law Attorneys
- The National Association of Distinguished Counsel
A member of our team can guide you through the process, examine the prosecution’s case for weaknesses, challenge improper evidence, negotiate when appropriate, and prepare for trial if necessary.
The state may already be building its case against you. Contact our Los Angeles criminal defense attorneys today to discuss your case during a free consultation.
Understanding Criminal Assault Charges in California
Assault, as defined in California Penal Code 240, is an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” You don’t actually have to physically harm another person to be convicted of criminal assault charges in Los Angeles.
When you’re charged with simple assault under PC 240 in Los Angeles, the government has the burden of proving the following elements:
- You performed an act that would typically result in offensive or harmful bodily contact with another person
- You acted intentionally, and
- You knew that your actions would likely result in physical contact with another person.
For a conviction, you must have also had the present ability to cause harm.
Aggravated Assault Charges in California
While an assault doesn’t have to result in bodily harm, it often does. If you make harmful physical contact with another person or use a deadly weapon during an assault, you can face aggravated assault or battery charges.
Aggravated assault, as defined in PC 245(a)(1), occurs when a person commits an assault on another person “with a deadly weapon or an instrument other than a firearm.” The elements of simple assault and aggravated assault under PC 245 are the same, along with the addition of a dangerous weapon.
You can also face aggravated assault charges for attempting to injure another person with a firearm under PC 245(a)(2). Aggravated assault with a firearm carries more significant penalties than other charges for assault or aggravated assault.
If you make harmful or offensive contact with another person while committing an assault, you can face charges for battery under PC 242 or aggravated battery under PC 243(d).
What Are the Penalties for Criminal Assault Charges in Los Angeles?
It depends on the specific assault charges you’re facing. The more serious the harm caused, the harsher the related penalties tend to be. In California, factors like a victim’s age, disability, status, and injuries are all taken into consideration in sentencing. If you have a criminal record, you can automatically face more serious penalties if you’re convicted of assault or battery.
Penalties may include:
- Simple assault under PC 240 is a misdemeanor punishable by up to 6 months in a Los Angeles County jail and/or $1,000 in fines.
- Assault with a deadly weapon under PC 245(a)(1) is a wobbler that, when charged as a misdemeanor, can carry up to 1 year in a Los Angeles jail and/or $10,000 in fines. When charged as a felony, this crime is punishable by up to 4 years in a California state prison and fines.
- Assault with a firearm under PC 245(a)(2) is punishable by six months to one year in county jail or two, three, or four years in state prison, as well as a possible fine of up to $10,000. Assault involving a machinegun, assault weapon, or .50 BMG rifle under PC 245(a)(3) carries four, eight, or 12 years in state prison.
The consequences of an assault conviction don’t stop at jail time and fines. You can also be sentenced to probation, community service, and counseling. In many cases, individuals convicted of assault charges face repercussions in their careers when they lose a professional license or job, as well as in family disputes if their assault conviction is used against them in a custody battle.
There’s a lot riding on your assault criminal case. A conviction can change the course of your life forever. The only option is to assert a powerful defense that gives you the best opportunity to beat the charges or minimize the potential consequences you experience if you’re convicted.
What Are Some Common Defenses for Criminal Assault Charges?
There’s no one “best” defense to a criminal assault charge. Everyone’s story is unique, and it’s imperative to dig into the details of each individual case to find the defense strategies that are likely to yield the best possible results.
In our experience, some of the defenses for criminal assault charges in Los Angeles include:
Violations of Your Constitutional Rights
The state can’t benefit from evidence that’s obtained in violation of your constitutional rights.
Your rights might have been violated if:
- The police didn’t have probable cause to arrest you for assault.
- The police conducted an illegal search and seizure.
- You were not informed of your right to an attorney or read your Miranda Rights before you were questioned in police custody.
If your arrest or the collection of evidence was unlawful, our attorneys can seek to suppress evidence obtained in violation of your rights. If evidence was obtained in violation of your rights, our assault defense attorneys in Los Angeles can ask a judge to exclude it from your case. Without evidence of the assault, the prosecution might be forced to drop the charges or offer a plea deal.
Innocence
If there were a “best” defense, it would probably be innocence. However, even innocent people are wrongfully convicted. If you are not guilty of assault, as alleged by the state, it can help to gather witness statements, video footage, work records, and other evidence to establish an alibi to protect you.
Self-Defense
Self-defense is an affirmative defense. You admit that you’ve committed the act you’re accused of, but argue that it was justified because you were in danger. For example, you might argue self-defense if you’re accused of assaulting a person who was actively attempting to cause you serious bodily injury. The only reason you fought back was to prevent imminent bodily harm.
Our assault defense lawyers in Los Angeles will carefully evaluate the specific facts of your case and determine which strategies will carry the most weight when we launch a defense. We’ll scrutinize the state’s case, determine where it’s weakest, and attack those points to prevent the state from meeting its burden of proof.
Contact Our Experienced Los Angeles Assault Defense Lawyers For Help
Assault charges in Los Angeles, CA, can change your life if you don’t fight back with everything you have. That’s why it’s important to call Perlman & Cohen Los Angeles Criminal Lawyers for help as soon as you can. Our Los Angeles assault defense attorneys have 100+ years of experience and can help you protect your future.
We offer a confidential case review. Tell us your story, learn about your legal rights, and discover how our award-winning criminal defense law firm can help you navigate this difficult time. There’s no time to spare, so call us for assistance today.
