Marin County Aggravated Assault Attorney

Hiring an aggravated assault attorney should be the first item on your checklist. An experienced defense attorney will know how to protect your rights and fight for your interests.

Pursuant to California Penal Code Section 245, aggravated assault occurs when an assault was committed with a firearm or a deadly weapon of another sort (the law broadly defines what is considered a deadly weapon). In addition, any crime involving the attempt to murder, rob, kill, rape, or assault with a deadly or dangerous weapon is generally considered aggravated assault in California.

Aggravated Assault with a Deadly Weapon

According to California Penal Code 245(a)(1) PC, aggravated assault with a deadly weapon involves someone assaulting another using a deadly weapon. The weapon does not necessarily need to be a gun or knife. In fact, any object used in an effort to inflict serious harm or death could be sufficient to trigger the charge of aggravated assault with a deadly weapon.

As indicated above, California law does not have a separate statute concerning the use of a vehicle when committing an aggravated assault. Rather, the use of a vehicle would be considered an “object” under California Penal Code 245(a)(1). This could mean the use of a vehicle to commit an assault would likely be charged as aggravated assault with a deadly weapon.

When an assault is not premeditated, it could be charged as a “simple assault.” Under California law, specifically California Penal Code Section 240, simple assault is generally defined as “an unlawful attempt, coupled with present ability, to commit a violent injury upon another person.”

According to California Penal Code Section 243.4, aggravated sexual assault occurs when an individual touches the intimate part of another individual against their will for the specific purpose of sexual arousal, sexual gratification and/or sexual abuse.  This statutory provision does not require actual penetration or sexual intercourse to occur in order for someone to be charged with aggravated sexual assault.

Under California law, an assault by means likely to cause great bodily injury is not carried out with a weapon. Rather, the assault is carried out through other means that could cause serious bodily harm. For example, striking someone with fists with excessive force with the intent to cause severe harm could be considered this form of assault.

In California, aggravated assault is a “wobbler” offense, which means it may be charged as a misdemeanor or a felony, depending on the circumstances. If convicted of a misdemeanor, you could be subject to the following penalties:

• Ordered to serve up to one year in jail
• Monetary fine of up to $10,000 
• Restitution
• Probation and community service
• Mandatory participation in an anger management course.

If convicted of a felony, you could be ordered to serve a multi-year term in a state prison. In addition, a felony conviction counts as a “strike” under California’s Three Strikes Law, meaning if you have two prior “strikes” (i.e., felony convictions for serious criminal offenses), you could be at risk of getting sentenced to a 25-year prison term, or even a life prison term.

If you’ve been charged with aggravated assault, do not wave the white flag of defeat. Speak to an experienced aggravated assault defense lawyer in Marin County to discuss your legal options. Remember, the prosecution bears the burden of proof in an aggravated assault case. A knowledgeable criminal defense lawyer can help fight these charges and raise viable defenses, such as:

1. Lack of Intent – Aggravated assault is a specific intent crime, meaning you willfully intended to inflict harm. As a result, if you inflicted harm to another person by accident, this lack of intent can be used as a defense to the aggravated assault charge.
2. Self-Defense or You Were Defending Others – You have the right to defend yourself and your loved ones. If you had a reasonable basis to perceive the other party as a threat to your physical safety, or the safety of your loved ones, you could potentially use self-defense to combat the criminal charges. 
3. False or Inaccurate Accusation – If there is no actual evidence that you engaged in aggravated assault and/or there is no viable witness testimony against you, then your case could be dismissed.
4. Inability to Commit a Violent Injury – At the time of the alleged assault, you need to have not only the intent, but the means to commit great bodily harm in order to be convicted of aggravated assault. For example, if you had a gun and it was not loaded at the time of the incident, your Marin County criminal defense attorney could argue that it was impossible for you to inflict significant bodily harm.