El Monte Assault Lawyer

El Monte Assault Attorney

Assault is a serious criminal offense in California. If the state charges you with this crime, then you should consider retaining an El Monte assault lawyer. Legal defenses may apply to the facts of your case, and it is necessary to examine police reports, charging documents, and arrest warrants related to your case. Having a legal advocate on your side can help you assert your legal rights and stand up for your liberty.

If you are searching for an assault lawyer in El Monte, then reach out to Gibbons & Gibbons for a free consultation. We focus on criminal defense cases involving assault, and our team has the experience, knowledge, and skills necessary to help you determine the most effective legal defenses that may be applicable to the charges you are facing.

The Different Categories of Assault Charges Under California Law

If you were charged with a criminal offense in California related to an alleged assault, then it is likely that you have been charged with one of the following crimes:

• Assault with a deadly weapon
• Aggravated battery
• Battery
• Simple assault

Assault involves creating a reasonable apprehension of imminent bodily contact in the victim. No physical contact is required for a defendant to be charged with simple assault. Battery constitutes harmful or offensive contact with a victim’s body. Many individuals confuse assault and battery, but these are distinct crimes, and it is necessary to examine legal defenses applicable to assault charges in California.

Aggravated battery involves an act that causes serious bodily harm to another person. The state must prove that an individual had a clear and willful intent to cause harm when charging an individual with aggravated battery. Assault with a deadly weapon involves a defendant attacking another person with a weapon. A person who attacks someone with a gun is often charged with a different offense, not assault with a deadly weapon.

Assault is a complex crime that shows in a variety of ways. Unfortunately, it is quite common. The aggravated assault rate decreased 6.5 percent in 2024, from 345.3 in 2023 to 322.8 in 2024. The highest violent crime rate was in the San Joaquin Valley, which had 641 violent incidents per 100,000 residents.

Common Defenses to Assault Charges in California

The state must prove every element of a criminal offense beyond a reasonable doubt. Therefore, you should be aware of all the legal defenses that may be relevant to your case. One of the most common defenses to an assault charge is self-defense, and this requires proving that you lacked the intent to cause harm but instead were responding to a physical act the alleged victim directed toward you.

Sometimes a criminal defendant is wrongfully accused of a crime by a vengeful partner or other acquaintance. The defendant may be able to prove that the victim consented to the assault, such as when two people are engaged in a competitive sport or horseplay. The facts and circumstances surrounding the assault will be relevant to any legal defense you choose to assert.

Hire an Assault Lawyer

Retaining an assault lawyer is one of the most important steps you can take after being arrested for assault in California. Once you make the decision to hire an assault lawyer, you will be able to work with legal counsel who can advise you of your rights, advocate for you at hearings, and provide you with information regarding legal defenses that apply to the facts of your case

Areas of El Monte that have high crime rates include neighborhoods near the El Monte Bus Station and the city center. Recent law enforcement efforts targeting gang activity in El Monte include Operation Silent Cadence.

The team at Gibbons & Gibbons has sixty years of experience helping clients in El Monte and throughout Southern California. Attorney Joseph Gibbons was voted attorney of the year by the Southeast District Bar Association. He also served as Judge Pro Tem for the West Orange County Superior Court.

Attorney Marc Gibbons worked as a certified law clerk for the Orange County District Attorney’s Office while he attended law school at the University of the Pacific. He is a member of the California Attorneys for Criminal Justice and the California DUI Lawyers Association.

FAQs

What Is Self-Defense in California?

Self-defense is a valid legal defense that may apply to an assault case if the defendant believed they were in imminent danger of being injured. The defendant must assert that they only used the degree of force reasonably necessary to defend themselves. Self-defense is a defense that is commonly asserted in assault cases, particularly if surveillance footage or other documentary evidence supports this defense.

Can I Be Charged With Assault If I Did Not Hit Anyone?

You can be charged with assault if you did not hit anyone. Assault requires creating a reasonable apprehension of imminent bodily contact. A victim may perceive a threat and assume they are about to be physically struck, but actual physical force is not required to satisfy the elements of an assault charge. Assault in California requires a willful act. Strong legal defenses may attempt to prove that the defendant lacked the intent to commit assault.

Am I Permitted to Defend Another Person?

Yes, you are permitted to defend another person under California law. One legal defense to an assault charge in California is a defense known as the defense of others. You must have reasonably believed that another person was in imminent danger of suffering bodily injury, and you used reasonable force to protect this person. It is necessary to examine all the facts of your case to determine if you may plead this defense.

What If the Alleged Victim Wrongfully Accused Me of Assault?

If the alleged victim wrongfully accused you of assault, then you may assert a defense related to these facts. Many individuals may use the criminal justice system to cause stress and anxiety in others. A person may want to get revenge or be acting out of envy. A criminal defense attorney will be able to scrutinize all the evidence supporting the defendant’s claim that they are being wrongfully accused of assault.

El Monte Assault Lawyer

Assault charges may cause you to feel ashamed and confused if you are being wrongfully accused of a crime. Working with a criminal defense attorney can help you assert legal defenses and do everything in your power to enforce your legal rights. A criminal lawyer can also work in and out of the courtroom to help you assert the strongest defense possible.

If you are searching for a criminal defense lawyer in El Monte, then contact us today to schedule a free consultation. The attorneys at Gibbons & Gibbons have decades of combined experience representing criminal defendants in assault cases. We have the experience, skill, and knowledge necessary to provide you with exceptional legal representation.