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.

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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. 

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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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Testimonials

Here’s what clients had to say about Kevin Heaney’s work
Kevin did an amazing job. He turned a nightmare into a really manageable situation. Without going into detail, I was facing some complications due to my record that would have made for a lengthy and grand problem. He was able to get it mitigated and really came away amazing, compared to where we started. Worth every penny and more. I feel that the work he did was more than commensurate for what he charged me. I will use him in the future and I would recommend him to family and friends.
Amazing honest and efficient lawyer! Kevin knows the ins and outs of the criminal system. He is the definitely the guy to have on your side. I won’t go into the details of the case, but my brother got involve in a domestic violent situation and we needed a good Marin lawyer that wouldn’t charge an arm and a leg to take his case. I was referred to Kevin by a friend of mine. I noticed on the initial phone consultation that he really wanted to help. We were able to work out a very reasonable price for the handling of the case, so we hired him. Kevin worked hard since day one, and he got my bro a very good deal with the DA. Our family is thankful to have hired him.
I contacted Kevin when I needed legal representation in a case which I felt required a high level of client service and representation. He was always right there for me when I needed him, whether it was showing up early for hearings, to the individualized attention I received at the courthouse, and having private meetings in his office anytime, as often as needed without any rescheduling. Kevin approached my case with care and made me feel comfortable as he took the time to thoroughly review my case history, explain my options to me, and was readily available and responsive when I had questions or just needed to talk to him. He treated my case with genuine care and attention it deserved and my case results certainly reflected his strong personal and professional attributes. I wouldn’t hesitate to contact Kevin again if the need arises.
I received the best possible outcome by giving my case to Kevin Heaney. He fought for me the entire way until he got my case dismissed! I have never come across a lawyer that cares so much about his clients or what happens to them. His rates are very affordable and he is open to negotiate the numbers. It is clear that he wants to help. Kevin knows his stuff and he is on top of it. He is also very personable, kept me in the loop of things throughout the process and always returned my calls and emails. I am grateful and lucky to have found Kevin. He is a true professional and knows how to get it done.
I wanted to thank you for the excellent job you did on getting Luis Correa’s case dismissed. You were very efficient and with minimal stress to Mr Correa. He had full confidence in you and you made it very easy for him to put this case in your hands. The fact that he only had to meet with you a few times and only able to provide you with minimal information he had on his case was a blessing that you were able to get the case dismissed! You know your stuff! Thank you once again and Mr Correa is very pleased with the outcome and can get on with his life without this case over him.

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