An assault charge can be stressful and confusing. You might be wondering what to do next, how to defend yourself, and what the potential consequences are. Here’s a breakdown of the steps you should take and some potential defenses to consider.
First and Foremost: Stay Calm and Contact a Lawyer
This might seem obvious, but it’s crucial. Don’t talk to the police about the incident without a lawyer present. Their job is to gather evidence, and anything you say can be used against you. A trusted criminal lawyer in Los Angeles or nearby will advise you on your best course of action and protect your rights throughout the process.
Understanding the Degrees of Assault
There are different degrees of assault charges in California, each with varying levels of severity. Here’s a quick overview:
- Misdemeanor assault: This is the least serious charge and typically involves minor bodily injury or threats of violence. It can also be referred to as a simple assault charge or a degree misdemeanor (depending on the severity). A class A misdemeanor, for instance, might carry a stiffer penalty than a lower-level misdemeanor assault.
- Felony assault: This is a more serious charge that involves serious bodily injury, weapons, or prior offenses. This could include aggravated assault, vehicular assault (using a vehicle as a weapon), or assault with a deadly weapon.
The specific charge you face, whether it’s a simple assault, felony assault, or something else, will depend on the details of your case. Your lawyer will be able to explain the charges against you and the potential consequences.
Common Defenses to Assault Charges
There are several common defenses that an experienced criminal defense attorney can explore for your assault charges. Here are a few:
- Self-defense and defense of others: You have the right to use reasonable force to defend yourself or others from imminent bodily injury. However, there are specific criteria that need to be met for self-defense to be a valid defense.
- Defense of property: You may use reasonable force to protect your property from being damaged or stolen. However, just like with self-defense, the force used must be reasonable.
- Lack of intent: If you didn’t intend to commit assault, it may be possible to get the charges dropped. For instance, if you accidentally bumped into someone and they got hurt, you might be able to argue a lack of intent.
Witness Statements and Evidence Collection
Gather any evidence that might support your defense against assault charges. This could include witness statements, security footage, or medical records documenting any bodily harm you may have suffered. Your lawyer will help you collect and present this evidence in court.
Pre-Trial Negotiations
Facing assault charges can be scary and leave you feeling lost. Pre-trial negotiations offer a chance to potentially avoid a trial and its uncertainties. Here’s how it works:
- Your lawyer talks to the prosecutor: They’ll present your side of the story, highlighting any weaknesses in the prosecution’s case and exploring possibilities for reducing the charges.
- Offers are made and countered: Your lawyer will negotiate with the prosecutor, proposing alternative charges, lesser sentences, or even dismissal in exchange for community service or anger management classes.
- It’s a back-and-forth process: Negotiations can take time, with your lawyer strategically presenting evidence and arguments to get the best possible outcome for you.
Pre-trial negotiations can be stressful, but they can also be a chance to resolve your case without the added anxiety of a trial.
Going to Trial
Going to trial can be a nerve-wracking experience, but with an experienced criminal defense attorney by your side, you’ll be prepared. Here’s what to expect:
- Pre-trial motions: Your lawyer will file motions to suppress evidence, challenge witness testimony, or even argue for dismissal of the charges entirely.
- Opening statements: The prosecution and your lawyer will present their opening statements, outlining their arguments to the jury.
- Witness testimony: Both sides will call witnesses to testify about what they saw or heard. Your lawyer will cross-examine the prosecution’s witnesses and may call character witnesses to speak on your behalf.
- Presenting evidence: Physical evidence, photos, and documents will be presented to support your case.
- Closing arguments: Both parties will make closing arguments after all the evidence has been given, summarizing their cases and pleading with the jury to find in their favor.
- Jury deliberation: The jury will deliberate privately to reach a verdict. This can take hours or even days.
The weight of the courtroom can be heavy, but your lawyer will be there to guide you through every step of the process. They’ll fight tirelessly to protect your rights and ensure you get a fair trial.
Potential Consequences of an Assault Conviction
An assault conviction can have serious consequences, including:
- Jail time
- Fines
- Probation
- Community service
- A criminal record
A criminal record can make it difficult to get a job, rent an apartment, or obtain certain professional licenses. It can also have a negative impact on your personal life.
Final Thoughts
Don’t wait to take action if you’ve been charged with assault. Contact a trusted criminal defense attorney as soon as possible. The sooner you get legal representation, the better chance you have of defending yourself against these charges and protecting your future.
