Pomona Assault Lawyer

Pomona Assault Attorney

An assault conviction can be a devastating blow to your life, bringing serious consequences, such as jail time, fines, and a criminal record. If you’ve been accused of assault in Pomona, it’s important to understand the law and provide a good defense. An experienced Pomona assault lawyer can guide you through the complexities of the California justice system, defend your interests, and negotiate for your greatest outcome.

What Is Assault (and How Is It Different From Battery)?

Assault and battery are sometimes misconstrued as being the same thing in California. When one deliberately threatens to harm someone or creates the fear of injury, that’s assault. Battery, however, involves actual physical contact or injury. For instance, if you throw your hand up in an accusatory gesture without touching someone, you might face assault charges. If you act on the threat and slap them across the face, you could get arrested for assault and battery.

To prove that an assault took place, a prosecutor must show that:

1. You intentionally threatened to hurt someone or cause them fear.
2. Your accuser believed the threat to be true, immediate, and directed at them.
3. You were capable of following through on the threat.

Whether an act is charged as assault or battery depends on the circumstances. Throwing a punch and failing to hit someone, for instance, is assault, but successfully striking them is battery. In the same way, threatening an individual with a weapon or taking an action that could lead to an injury, such as throwing a bottle to attack someone, can lead to assault charges, even when no injury is caused.

Aggravating Factors in Assault Cases

The severity of an assault charge can be increased by certain circumstances, and the resulting penalties may be correspondingly increased. For example, attacks against specific targets, such as police officers, doctors, teachers, and other protected groups, typically result in much more severe punishments. Using weapons, such as guns, knives, or items that could be made into weapons, like baseball bats, also nudges the crime to higher extremes.

Furthermore, punishments can be harsher if an assault or battery causes substantial bodily harm — that is, a serious injury that requires medical attention or severely limits the victim’s functionality. The justice system takes such issues into account when deciding on the appropriate charges and potential punishments.

Defenses Against Assault Charges

The outcome of your case depends on the strength of your defense. Depending on the circumstances of your case, your attorney can build you a defense that fits the situation. Some common assault defenses include:

• Self-defense. One of the most common defenses in assault cases is self-defense. If you can show that your actions were used to protect you or someone else from immediate harm, you might get your charges reduced or dismissed, as your actions may be seen as justified.
• Lack of evidence. Because assault does not require a physical altercation to take place, having sufficient evidence can be challenging for the prosecution. A defense lawyer can point out any lack of evidence that you committed the offense.
• False accusations. Your attorney can shed light on any discrepancies or establish the unreliability of your accuser, showing how they are making false or fabricated accusations.
• Lack of intent. Assault requires that the perpetrator have an intent to inflict fear or harm. If it can be shown that your actions were accidental or unintentional, this can lead to reduced charges.

What to Do If You Are Charged With Assault

If you are facing assault charges in Pomona, you need to act decisively and rapidly. Firstly, don’t implicate yourself by discussing the case with anyone except your lawyer. You can be held responsible for what you say to police or friends, even on social media. Rather, take notes on the incident while the details are still fresh in your mind. Provide details of the time, place, and events preceding the suspected assault. This can put your accusation in context and provide evidence to back your story.

The most effective to secure your defense is getting a professional Pomona assault attorney. An experienced attorney can examine the evidence, identify weak spots in the prosecution’s argument, and represent you in court. They can also guide you through the legal system so your rights are not violated along the way.

By hiring a skilled attorney, you can improve your chances of obtaining a positive verdict, whether it be a dismissal, lesser charges, or a not-guilty verdict. These actions, if taken early, can have a great impact on the outcome of your case and future.

FAQs

What Qualifies as Assault in California?

In California, assault means unlawfully seeking to inflict a violent injury on someone with the present capacity to do so. In contrast to battery, where physical contact is involved, assault does not involve physical contact. Even doing something that makes one suspect they are in imminent danger, such as brandishing a fist aggressively, is assault.

What Is the Difference Between Assault and Battery?

Assault involves the threat or attempt to physically assault someone, and battery is the actual physical assault occurring. Throwing a fist and missing is assault, for instance, while hitting someone is battery. These two offenses are either prosecuted separately or in combination, depending on the case, and each comes with varying California penalties.

Can an Assault Charge Be Dismissed?

Yes, an assault charge can be dropped if:

• There’s no adequate evidence against you.
• Your rights were violated during the arrest.
• Your lawyer can challenge significant parts of the prosecution’s argument.

It is very important to consult a qualified assault attorney, as they can explore all your potential defenses and negotiate with the prosecution.

Can I Claim Self-Defense in an Assault Case?

Yes, self-defense is a valid defense, provided you can show that you were acting to save yourself or someone else from imminent injury. The use of force must have been reasonable and appropriate to the danger. A seasoned attorney can present all useful facts and evidence to support your self-defense claim.

Contact Gibbons & Gibbons Today

If you have been charged with assault, Gibbons & Gibbons can represent your interests throughout the legal process. Contact us today to speak with a representative.