What are the Different Types of Assault Charges in San Diego?
In San Diego, and throughout California, assault is defined as unlawfully attempting to injure another person. It is possible to face assault charges even if no injury occurred, as long as the assailant intended to cause harm and had the present ability to do so. However, there are many different types of assault under California law. Below, our San Diego assault defense lawyer explains what these are.
Simple Assault
Simple assault occurs when someone attempts to commit violence against another person. The important aspect of simple assault is that harm does not have to occur. It is possible to be charged with assault without even coming into physical contact with another person. Still, intent is a key element of assault and so an offender must have meant to cause harm. Even uttering a threat is enough to constitute intent and be charged with simple assault.
Simple assault is a misdemeanor punishable by up to six months in jail and a maximum fine of $6,000.
Assault with a Deadly Weapon
Assault with a deadly weapon occurs when one person assaults another with a deadly weapon. A deadly weapon is any instrument that is likely to cause significant bodily injury or death. For example, a wrench may be considered a deadly weapon in California in certain circumstances. While not inherently designed to kill, a wrench can become deadly when it is used in a manner to cause harm to another person.
Assault with a deadly weapon is a wobbler crime. This means a person can face misdemeanor or felony charges. A felony conviction can result in two to four years in prison. When there are aggravating factors in a case, such as the use of a machine gun, it can increase sentences significantly.
Sexual Assault
Also referred to as sexual battery, sexual assault occurs when a person makes non-consensual sexual contact with someone else. Sexual intercourse does not need to occur for someone to be charged with sexual assault. For example, touching someone’s private areas without their consent can result in charges of sexual assault.
Sexual assault is also classified as a wobbler crime in California. It is punishable by up to four years in prison and the possibility of registering as a sex offender.
Defenses to Assault in San Diego
While assault charges are taken very seriously throughout California, there are fortunately defenses available. These are as follows:
- Self defense or defense of others or property
- Mistaken identity
- Lack of intent
- False allegations
- Alibi
- Consent
- Insufficient evidence
Our Assault Defense Lawyer in San Diego Can Help with Your Case
If you are facing assault charges in California, it is important to take them seriously. At Anthony Z. Vargas, Esq., our San Diego assault defense lawyer understands the nuances of these charges, and the effective defense strategies that can help protect your future. Call us now at 858-859-1224 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=245
