Charged with Assault? We Can Help!

Fight Your Offense & Protect Your Future

When an individual intentionally creates fear of attack in another individual, it can be considered assault—even if no physical contact occurred. While simply yelling threats at another may seem minor, law enforcement can enforce these serious charges against you based on these grounds and other elements.

If you are facing charges for any type of assault crime, you need a trusted advocate on your side! That is why you should turn to Gibbons & Gibbons for representation and counsel you can rely on. Backed by more than 60 years of combined legal experience, we know how to resolve tough cases. We boast impressive case results and a reputation for delivering hard-hitting defense— contact us today!

What is assault & how is it different than battery?

In many cases, individuals accused of assault also face charges for battery. While assault is the actual threat or act of creating the fear of harm in a victim, battery is the actual harm or force carried out. When both occur, you may face charges for assault and battery. If you did not cause any actual physical harm, only threatened it, your charges would likely only include assault.

In order to secure a conviction for assault, the prosecution must prove:

  • You intentionally threatened harm or caused fear of harm in the other individual.
  • The victim had reasonable apprehension or perception that the threats were directed at them.
  • Actual harm took place, whether physical (battery) or just the threat of offensive contact.

The prosecution must also demonstrate the aspect of reasonableness. This means that the acts threatened could actually be carried out in the immediate situation. For example, if an individual is standing just a few feet away and threatens to hit another individual, the other person could reasonable assume they had the power to carry out the act. Essentially any intentional act that instills fear in another that they may be hit, punched, kicked, slapped, or touched in any unwanted way can be considered assault. Again, an individual must only intend to cause the other to fear the threat of harm, not actual physical harm, to be accused.

Reach Out to Our Firm for Proven Defense

Assault is a serious offense that should not be faced without the guidance of a seasoned and well-qualified criminal defense attorney in Southern California. If you are up against similar charges, we encourage you to reach out to Gibbons & Gibbons for the defense you need. We have decades of experience on our side.

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