Have you been charged with assault in Carlsbad, CA? A conviction can have a lasting impact on your freedom, but it’s not too late to respond and work toward a favorable outcome. The Carlsbad assault defense attorneys at Blair Defense Criminal Lawyers can help you throughout the entire criminal process.
We have over 14 years of experience successfully representing clients in San Diego County courts. Our legal team understands how prosecutors build their cases, and we know how to challenge them effectively within the bounds of the law.
Contact us today at (619) 357-4977 to schedule a complimentary consultation and discover your next steps moving forward.
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How Blair Defense Can Help if You Were Arrested for Assault in Carlsbad, CA
An arrest on a charge of assault in Carlsbad, California, can be intimidating. The police and prosecutors involved in your case may make it sound like a conviction is inevitable, but that’s far from the truth. Hiring Blair Defense will allow you to level the playing field and ensure your rights are protected at all times.
Our Carlsbad criminal defense attorneys will do the following for you:
- Investigate the facts of your case and review all available evidence
- Identify weaknesses in the prosecution’s case
- File pre-trial motions to suppress unlawfully obtained evidence
- Negotiate for reduced charges or alternative sentencing when possible
- Represent you at all hearings and court appearances, including trial if necessary
Get in touch with our Carlsbad assault defense lawyers today to learn more about how we can help you fight back against the charges you’re facing. Your initial consultation is free of charge.
An Overview of Assault Charges Under California Law
Assault is defined under California Penal Code § 240 as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Importantly, actual physical contact isn’t required; merely trying to strike someone or acting in a threatening manner can be enough for a charge.
To convict you of simple assault, the prosecution must prove that:
- You acted in a way that would likely result in the application of force.
- You did so willfully.
- You had the ability to apply that force at the time.
- The act was not in self-defense or defense of another person.
Simple assault is generally a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. However, certain factors can increase the penalties or elevate the offense.
Aggravated Assault
If the alleged assault involves a deadly weapon or causes serious bodily harm, prosecutors may file aggravated assault charges under California Penal Code § 245.
Examples include:
- Using a firearm, knife, or other dangerous weapon
- Causing great bodily injury
- Attacking a police officer, firefighter, or public official
Aggravated assault is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony depending on the facts of the case. Felony convictions can result in up to four years in state prison and fines of up to $10,000.
What Are the Collateral Consequences for an Assault Conviction in Carlsbad, California?
Beyond fines and jail time, an assault conviction (especially for a felony offense) can affect your life in other ways that aren’t directly imposed by the court. For example, it may become challenging to obtain housing or employment.
This is one reason why having an experienced criminal defense lawyer is so critical. The earlier we get involved, the better our chances are of negotiating a favorable resolution that allows you to move forward with your life.
What Are Some Potential Defenses I Can Raise to Assault Charges?
There are several defenses that can be applied to assault charges in California, although every case is unique in the end.
Possible defenses include:
- Self-defense or defense of others: You had a reasonable belief that force was necessary to protect yourself or someone else from harm.
- Lack of criminal intent: You did not act willfully or knowingly.
- False accusations: The alleged victim exaggerated or fabricated the incident.
- Mistaken identity: You were not the person who committed the act.
- Insufficient evidence: The prosecution cannot prove the elements of assault beyond a reasonable doubt.
Our job is to make the jury question the state’s version of the events in question. If we can raise doubt about even one element of the charges you’re facing, that might be enough for an acquittal at trial.
Contact Our Carlsbad Assault Defense Lawyers for a Free Consultation
If you’ve been charged with assault in Carlsbad, California, the stakes are high. Let Blair Defense stand between you and the prosecution. We’ll fight to protect your freedom, your rights, and your future to the very best of our ability.
Contact our Carlsbad assault defense attorneys today to schedule a free consultation.