Blair Defense Criminal Lawyers | June 3, 2025 | Assault
Under California law, an assault is an attempt to commit a violent injury with the present ability to do so. This involves trying to harm another person, whether or not you actually cause them harm.
Assault is a violent crime and can have serious consequences. There are many different types of assault charges in California. The charges range from misdemeanors, wobblers, and even felonies. If you are charged with assault, you should seek advice from a criminal defense lawyer.
Simple Assault
Simple assault is an attempt to commit violence on another person. The key to simple assault is that there doesn’t need to be harm. A person can commit an assault without physically touching another person, as long as they intended to cause harm. In some instances, threatening to hurt someone may be enough to get convicted of simple assault.
Simple assault is a misdemeanor and can carry up to 6 months in jail and a $1,000 fine.
Assault With a Deadly Weapon
A person commits assault with a deadly weapon if they assault someone with a deadly weapon or instrument. A deadly weapon is one likely to cause death or significant bodily injury. Examples of deadly weapons include guns, knives, and clubs.
This crime is a wobbler, meaning it can be a misdemeanor or felony. The felony charge can carry 2-4 years in prison. However, if aggravating factors exist, such as involving a machine gun, the sentence could be significantly increased.
Sexual Assault
Sexual assault is also called sexual battery. This happens when someone makes non-consensual sexual contact with another person—for example, touching someone’s private parts or forcing them to touch yours for sexual gratification.
Sexual assault does not need to involve sexual intercourse. It can be either a misdemeanor or a felony, carrying up to 4 years in prison. People convicted of felony sexual assault may need to register as sex offenders.
Domestic Violence Assault
Domestic assault is a distinct criminal offense. It happens when someone uses violent force against an intimate partner.
An intimate partner can include:
- Spouse
- Domestic partner
- Cohabitant
- Parent to child
- Fiance
- Someone with a serious dating relationship
Unlike simple assault, domestic assault must include a battery. This means there was an actual touching of the other person, even if they weren’t hurt.
Domestic assault is a misdemeanor offense carrying up to one year in jail. However, it can be charged as a felony if there are aggravating factors such as using a gun or causing a serious injury.
Assault on a Public Official
Assault on a public official is a crime where one assaults a person who is performing their official duties. The public official can include people such as an elected official, a judge, a public defender, or a prosecutor.
An assault on a public official can be either a misdemeanor or a felony. The felony offense can carry up to 3 years in prison, while the misdemeanor only carries 1 year in jail.
Defenses to Assault Charges
Luckily, there are several defenses to both misdemeanor and felony assault charges. The best defense depends on the facts of the case.
Some of the most common defenses include:
- Self defense
- Defense of others
- Lack of intent
- Mistaken identity
- Alibi
- False allegations
- Necessity
- Consent
- Insufficient evidence
Additionally, some people may have constitutional defenses or technical defenses. These types of defenses can result in the exclusion of evidence or a reduction in the charges. The best way to build a strong defense against assault charges is to consult with an experienced assault attorney.
Contact our California Criminal Defense Attorneys for a Free Consultation
If you’re facing assault charges in California, your future is at stake. At Blair Defense Criminal Lawyers, we understand the nuances of every type of assault charge—from simple assault to felonies involving deadly weapons. Don’t wait—contact us now for a confidential, free consultation.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
24/7
