Have You Been Charged or Arrested for Assault?

Our San Jose Assault Attorney Can Bolster Your Defense

If you are charged with assault, you face serious and life altering consequences. An assault conviction in California can result in penalties, fines and even jail time. Almost any contact with another party can be used as evidence against you in a trial. For example, if you bump into someone on a busy street, you can be charged with assault — even if it was an accident. Additionally, you can still face assault allegations even if you do not make contact with someone. If you face such allegations, then our San Jose assault attorney can help.

Sometimes hard working and good people find themselves in unfortunate situations. For this reason, we believe everyone deserves a second chance. At the Law Offices of Thomas Nicholas Cvietkovich, we have been defending people against assault allegations for years. We use every tool and resource available to try and prove that you did not intentionally assault someone. Our goal is to build you a strong defense that mitigates risk and protects your best interests.

What Is Considered Assault in California?

California Penal Code 240 defines assault as an incident that occurs when someone makes an unlawful attempt to cause another person harm. It is important to note that you do not need to physically touch someone in order to be charged with assault. If someone physical touches someone else, a battery charge can occur. For example, an assault charge can occur if someone threatens to use violence or invokes fear of harm in another person through an intentional act. Alternatively, a battery charge occurs when someone uses physical force on someone else.

In general, there are a few details that must be proven in order for a person to be found guilty of assault, including:

  • Acted Willfully: Prosecutors will try to claim you acted willfully. Acting willfully means that there was a deliberate attempt to break the law. For example, if someone has text messages of someone threatening an individual, it can be used as evidence against the defendant that they willingly broke the law. Our San Jose assault attorney can scrutinize these claims.
  • Aware of Reaction: Since you do not need to touch someone to be charged with assault, the courts will consider if your actions made a reasonable person believe that you would use force against them. For example, if a person verbally threatens someone and tells them they will harm them, an individual might reasonably believe that this would happen.
  • Ability to Apply Force: For an assault charge to stick, it must be proven that you had the ability to commit the act. For example, if you have a disability that prevents you from performing the circumstances of the crime, then you can have charges reduced or dismissed.

How Can I Defend an Assault Charge in California?

You may feel overwhelmed after an arrest or charges of assault. After all, many of the allegations involve abstract testimony and questionable evidence. Since this is the case, it is in your best interest to contact an experienced California criminal law attorney as soon as possible. There are a few reliable defense options that our experienced San Jose assault attorney may consider. The best way to determine how to strengthen your defense is to contact an attorney.

After reviewing your case, our San Jose assault lawyer may advise on a defense strategy that includes:

  • Failure to Prove Intent: For an assault charge to stick, the prosecutors must prove that you intentionally committed the act. For example, bumping into someone by accident is not an assault, just a harmless accident. Depending on the circumstances, our San Jose assault attorney can highlight facts that show you did not intend for harmful contact to occur.
  • Acted in Self Defense: You can justify an assault if you committed the offense while defending someone else or yourself. For instance, if you felt there was genuine concern over the imminent danger that caused you to act, then you can use this as a defense.
  • False Accusation Defense: The charges against you may be false or misleading. For example, there could be a case of mistaken identity. If this is the case, your assault charge can be thrown out with the proper representation.

Need Reliable Defense Against Assault Allegations? Our Firm Offers Free Consultations

Do you believe that the assault allegations against you are misleading? Has a misunderstanding or heated argument resulted in an assault charge? Do you have questions about your rights and how an attorney can help? You do not need to go through this confusing and traumatic time alone. If you have been arrested or charged with assault, then you need an experienced and reliable San Jose assault attorney that can mitigate risk and help you move on with your life.

At Law Offices of Thomas Nicholas Cvietkovich, we have been defending assault charges in California for years. Ultimately, our goal is to dismiss or reduce the charges against you. Our criminal defense attorney can scrutinize evidence and strengthen your defense. If you are facing assault charges, we can help. Contact us online or call our San Jose assault defense law firm at (408) 898-9653 to schedule a free consultation.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

There’s not enough words to explain how grateful I am with Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and txt messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!!

-Anna, Google

Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich.

-Ron, Yelp

When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened with me but Nick kept me calm and would make sure that I would be taken care. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top notch defense lawyer. Thank you for everything Nick.

-Carlos, Yelp

I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call.

-Kelly, Avvo

I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude.

-Justin, Yelp

Why Choose Us

  • More than 14 years of experience
  • Have handled 4,500+ cases
  • Available 24/7
  • Top Accreditations
  • Represent wide range of criminal charges