West Covina Assault Lawyer

West Covina Assault Attorney

You do not need to make physical contact to face assault charges. There are many situations that can lead to these accusations. When you need a West Covina assault lawyer who can help you navigate complex legal jargon and protect you from severe penalties, look no further than Gibbons & Gibbons. As an award-winning firm with aggressive representation, we can help you defend against your charges.

When trying to understand complicated assault laws, you should avoid handling everything on your own. Assault comes with serious penalties, and trying to represent yourself in court can end up hurting your case in the long run. When you speak with an attorney at our firm, they can guide you through the next steps you should take.

If you’re confused about the difference between assault and battery, Gibbons & Gibbons can also help with that. As two charges that closely align, assault and battery are separate crimes that have different definitions and penalties. When you are facing assault charges, our attorneys can evaluate the evidence against you and do everything possible to reduce the charges or advocate for an acquittal.

How Gibbons & Gibbons Can Help

If you are facing assault charges, you are not alone. In 2023, the United States Department of Justice reported 5,206,430 cases of assault. As a legal team with a combined 60 years of experience helping clients throughout Southern California, Gibbons & Gibbons has seen thousands of assault cases. We are not here to judge but to defend you with tenacity and compassion.

When you hire an assault lawyer from our firm, you’re not just choosing any West Covina attorney. Instead, you’re working with a law firm that has provided the community with dedicated service for decades. We strive to give you peace of mind while we find legal solutions. At Gibbon & Gibbons, we know how to handle difficult cases, and we can guide you through the criminal process while your case moves through the local West Covina Courthouse system.

What Is Assault?

According to California Penal Code 240 PC, assault is defined as the unlawful attempt, coupled with a present ability, to commit a violent injury on another person. In addition to present ability, the act must be willful, and no contact is needed. In California, assault is a misdemeanor charge that could lead to jail time and fines.

To be convicted for assault, the prosecution must prove that:

• You intentionally threatened harm or caused fear of harm to the other individual.
• The victim had a reasonable apprehension that the threats were directed at them.
• Actual harm occurred.

To be accused of assault, you must only intend to cause the other person to fear the threat of harm. No actual physical harm is required. For this reason, it can be alarming and confusing to receive assault charges if you have not injured someone. Nonetheless, the prosecutor takes threats very seriously. A skilled attorney can help you understand the difference between assault and battery charges.

Assault vs. Battery

Assault and battery are separate, often linked, legal offenses. On one hand, assault is the threat or attempt of violence causing reasonable fear of imminent harm, while battery is the actual, intentional, and unlawful physical contact or harmful touching of another person. Essentially, assault is the attempt of harm, and battery is the completed act.

Key differences and similarities between assault and battery include:

• Physical contact. Assault does not require physical contact, only the fear of it. Battery requires physical contact.
• Intent. Both require the intent to cause fear or physical harm.
• Combined charges. An act can be charged as both assault and battery, as the threat precedes the physical contact.
• Penalties. Both are serious offenses, often categorized as simple or aggravated based on the severity of the threat or injury, potentially resulting in jail time, fines, and probation.

For example, raising a fist to punch someone is assault, while actually hitting someone is battery. Sneaking up on someone and hitting them without warning is battery, but not necessarily assault, as no prior fear was induced.

Assault Defenses

When you hire a West Covina assault lawyer to handle your case, they can review the details to see what types of defenses may apply. For assault, commonly used, effective defenses include self-defense, defense of others, lack of intent, and false accusations. Other defenses include defense of property, insufficient evidence, and, in some situations, consent.

To successfully claim self-defense, you must show a reasonable belief of imminent harm and that you used proportional force. Depending on the circumstances of your case, a skilled defense attorney on our legal team may be able to get your charges reduced or dismissed.

Why Should I Hire an Assault Lawyer?

There are many reasons why hiring an assault lawyer is essential. With a violent crime rate 31% higher than the rest of the U.S., California residents are often in need of a defense attorney. When you hire a West Covina assault attorney from Gibbons & Gibbons, you never have to question where your case stands. We take pride in transparent communication, and we advocate for you every step of the way.

FAQs

How Much Does a Lawyer Cost for Assault?

The cost of hiring a defense lawyer for an assault case varies greatly depending on factors like whether you’re facing felony or misdemeanor charges in West Covina. Costs also vary based on case complexity and the available evidence. Trial representation can come with additional charges. Attorney experience and location can impact the costs as well.

Can Charges for Assault Be Pressed Against Me?

Assault charges may be pressed against you, especially if the alleged victim seeks to hold you accountable and secure legal protection, such as a restraining order. Pressing charges for assault is a personal decision that can depend on several factors. However, once charges have been filed, only the prosecution can make the official decision to drop them, not the victim.

What Three Elements Must Be Present to Prove That an Assault Occurred?

According to assault laws, three core elements are needed to prove assault: the defendant must intentionally threaten the victim, create a reasonable apprehension of imminent harmful or offensive contact in the victim, and have the present ability to carry out the threat, even if no physical contact occurs.

What Qualifies as Assault in California?

In California, assault is an unlawful attempt, with present ability, to commit a violent injury on another person, meaning you willfully do something that would likely result in force or violence, even if you do not actually make contact, such as swinging and missing. It requires intent to cause apprehension of imminent harmful contact and must be a willful act.

Schedule Your Free Consultation Today

When you’re looking for a West Covina assault lawyer to help you navigate complex assault laws and handle your assault case, choose Gibbons & Gibbons. We have the decades of legal experience needed to defend you in court. If you have legal questions, our team of professionals can help. Contact us to schedule your free consultation today.