Simple Assault Defense
Understanding Simple Assault Law
Being charged with simple assault can have serious legal repercussions, even if the assault charge is a misdemeanor rather than felony. If you were recently charged with simple assault, you probably have many questions – such as what is simple assault, potential penalties, and how you can protect your rights in court. Take action now to regain peace of mind, knowing exactly where you stand and the options available. You don’t have to go through this alone. Kevin Heaney is here to help.
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What is Simple Assault?
According to California Penal Code Section 240, the offense of simple assault is defined as an illegal attempt, combined with the present capability, to commit a violent injury on a person. Factors that are typically relevant in assessing whether simple assault occurred include:
- Whether you engaged in an act whose nature would most likely directly cause an application of force to another person;
- Your conduct was wilful;
- When you acted, you understood that your actions would cause a reasonable individual to know that the action could directly and most likely cause the application of force to the individual; and/or
- When you acted, you had the ability to apply force to the individual
It is important to note that you can be charged with simple assault without ever touching another person. This is because there is no requirement of physical contact under California law; intent to cause harm alone may be sufficient to be charged with simple assault.
Charges and Penalties
Simple assault is a misdemeanor crime in California. If convicted, you could be ordered to serve up to six months in a county jail and pay a fine of up to $1,000. You could also be ordered to serve probation and engage in community service. However, the penalties for a simple assault conviction can escalate if the facts of your case involve an alleged assault against someone in a particular professional classification, such as a police officer, first responder, traffic officer, etc.
If you are convicted of simple assault against someone in a protected class, you could be ordered to serve up to one year in county jail and pay a fine of up to $2,000.
How a Criminal Defense Lawyer Can Help
Being charged with simple assault is no joke. As discussed above, the consequences of an assault conviction can be severe and adversely impact your future. The stakes are high, which is why you should retain the services of a skilled and knowledgeable Marin County criminal defense attorney like Kevin Heaney. You owe it to yourself to have effective legal representation.
Once retained, Kevin will go to work on your behalf to build a compelling and persuasive defense. Some common defense strategies relevant to a simple assault charge include:
- Self-defense or defense of others;
- Lack of intent to harm;
- Misunderstanding or exaggeration of the incident; and/or
- Insufficient evidence to support the charge
Why Choose Kevin Heaney?
If you were charged with simple assault in or around Marin County, it is critically important to retain the services of an effective and experienced defense attorney. Why? Because having an assault conviction on your record can have serious, long-term repercussions and harsh penalties. The Law Offices of Kevin Heaney understand the nuances of the California criminal code and will work tirelessly on your behalf to advocate for your interests. Kevin Heaney has over 25 years of experience in criminal defense and a proven track record of successfully defending assault cases, including a simple assault charge.
Contact Kevin today to learn more about your legal options and potential defense strategies. Whether you call, email, or text, all inquiries will be answered and returned promptly.
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