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.