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
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
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.
Fill out a free case evaluation today to tell us about your case.