San Jose Assault Defense Lawyer
Were you recently arrested for assault or battery in San Jose, CA? Assault is considered a violent crime. You could face significant jail time, financial penalties, and a criminal record if you’re convicted. An experienced San Jose assault defense lawyer at Ahmed & Sukaram, Attorneys at Law can help you build the strong legal defense you deserve, call us at (408) 217-8818.
Collectively, our lawyers have over 30 years of experience handling complex cases. We know how to protect your legal rights and will do everything possible to win a not guilty verdict or get your case dismissed if possible.
Don’t make the mistake of taking the charges lightly. If you’re facing criminal charges, call our law offices in San Jose, California, to schedule a free consultation today.
How Can Ahmed & Sukaram, Attorneys at Law Help if You Were Arrested for Assault in San Jose
If you’re accused of committing a crime, it’s always important to take legal action quickly. An experienced San Jose criminal defense attorney can start working immediately to minimize the consequences that an arrest can carry.
At Ahmed & Sukaram, Attorneys at Law, we’ve been helping clients build effective legal defense strategies for decades. We’re well-prepared to help you fight the charges and move on with your life.
Hiring us means you’ll have a team to:
- Investigate the circumstances of your arrest and charge
- Identify any weaknesses in the prosecution’s case
- Negotiate with state prosecutors outside of court
- Work to have your charges reduced or dismissed
- Work to get you the best plea bargain to avoid trial
Remember, it’s important that your lawyer has experience handling complex criminal cases, not just misdemeanors or traffic offenses. Our legal team includes a California State Bar Certified Specialist in Criminal Law. Moreover, we have over three decades of experience in criminal law.
We know how to work the case to get a better deal from the state. We force the D.A. to offer the most favorable plea deals for our clients or make them meet us in court to prove their case beyond a reasonable doubt.
Our San Jose criminal defense lawyers are ready to start protecting your legal rights today. You can learn more by calling our offices to schedule a no-obligation consultation.
Overview of Assault and Battery Laws in California
Like many states, assault and battery are two separate criminal offenses in the state of California. Assault is the act of attempting to injure someone, such as by throwing a punch or swinging a weapon at someone. Battery is the crime of actually using force or violence against another person.
Often, state prosecutors will charge a defendant with both assault and battery. These charges can be Strike charges in California and lead to significant prison time — even for a first-time offender.
If you were arrested and charged with assault, it’s important to contact an experienced attorney as soon as possible. Our San Jose assault defense attorneys at Ahmed & Sukaram, Attorneys at Law, are always available to discuss your case. Just call our law firm to schedule your free case review today.
We handle all types of assault cases in San Jose, including those involving:
Assault is defined in California Penal Code Section 240 PC. “Assault” is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
For example, you can be charged with assault if you throw a punch at someone else and miss. No physical contact is required for the police to arrest you on assault charges.
In most cases, simple assault is a misdemeanor charge. Assault is usually elevated to a felony when an object or weapon is used during an attempt to injure another person, e.g., a brick. It can also be a felony when the degree of force used is likely to cause great bodily injury to the other person, i.e., repeated punches or kicks.
Under California Penal Code Section 242 PC, “battery” is defined as the willful and unlawful use of force or violence upon another person.
To convict on battery charges, the prosecution must prove that you made some type of physical contact with the other person. On the other hand, they don’t have to prove that you caused a serious injury. You can be convicted for battery if you shove or slap someone without causing any physical injury.
Battery is usually a misdemeanor. However, much more serious felony charges can apply if you cause serious bodily injury.
Most states impose aggravated assault charges in cases involving serious physical injuries. Under California Penal Code Section 243(d) PC, “aggravated battery” is charged as battery causing serious bodily injury.
Aggravated battery can be a felony or a misdemeanor. The exact charge will depend on the circumstances and the severity of the injury.
It’s important to remember that you can be charged with aggravated battery even if you don’t cause any long-term damage. For example, you can be charged with aggravated battery if the victim suffers a mild concussion or requires stitches. The victim doesn’t even have to seek medical attention.
Aggravated Assault and Assault with a Deadly Weapon
Aggravated assault, assault with a deadly weapon, and assault with a firearm are the most serious assault offenses in the State of California. If convicted under California Penal Code Section 245, you could face serious felony charges. That’s because you’re much more likely to cause serious injury or death if a firearm or deadly weapon is involved.
California prosecutors take cases involving domestic violence seriously. There isn’t a special definition for domestic assault and battery under California law. Assault and battery are considered crimes of domestic violence when the victim fits within certain classes of person identified in California Penal Code Section 243(e)(1) PC.
Assault and battery may constitute domestic violence when the victim is:
- The defendant’s spouse or former spouse
- A fiance or former fiance
- A parent of the defendant’s child
- Someone who lives with the defendant as a cohabitant
- The defendant’s current or former dating partner
While battery and domestic battery are technically the same criminal offense, enhanced penalties can apply if you share a domestic relationship with the alleged victim.
Domestic Battery Involving Corporal Injury
A person who willfully inflicts a corporal injury on a domestic partner can be charged with a more serious offense. Under California Penal Code Section 273.5 PC, you can be charged with a felony if the injury results in a traumatic condition.
In other words, it’s possible that you can face more serious charges if:
- You share a domestic relationship with the alleged victim
- The victim suffers some type of traumatic condition, regardless of whether the injuries are minor or severe.
State prosecutors have discretion in deciding which domestic violence charge to file. The severity of the charge will depend on many factors, including the severity of the injuries, your prior criminal history, and the circumstances of the attack.
What Are the Penalties for Assault in San Jose, California?
Like any wobbler offense (crimes that can be charged as misdemeanors or felonies), the penalties for assault in California can vary depending on the circumstances.
For example, you may be sentenced to:
- Up to six months in county jail and $1,000 in fines for misdemeanor assault
- Up to one year in county jail and $2,000 in fines for misdemeanor battery
- Between two and four years in prison for battery if you’re charged with a felony
If the battery causes great bodily injury, you could face an additional three to six years in prison.
If you’re convicted on domestic battery charges, your penalties may include:
- Up to $2,000 in financial penalties
- Up to one year in county jail
- Probation or parole
- Participation in a batterer’s treatment program, anger management, or other court-ordered counseling
- Up to $5,000 in payments to a battered women’s shelter
- Restraining orders, loss of your right to own firearms, and mandatory community services hours
Assault with a deadly weapon carries much more serious penalties. You could be sentenced to four years in state prison and $10,000 in financial penalties. If the offense involved a machine gun or assault weapon, you could face up to 12 years in prison.
Assault is a “wobbler” offense in California. That means it can be either a misdemeanor or felony. The severity of the charge and your penalties will depend on many different factors, including the severity of the injuries and whether you have a prior criminal record.
Our criminal attorneys in San Jose are here to protect you regardless of the charges you’re facing. All you have to do is call our law firm to learn more about our practice areas.
What Defenses Can Be Raised if I’m Accused of Committing Assault in San Jose, California?
You don’t have to plead guilty if you’re charged with a crime in San Jose, California. A number of legal defenses are available if you were charged with assault.
Depending on the circumstances, the following may help with your defense:
- You lacked the ability to commit a violent act (if you’re facing simple assault charges)
- You were acting in self-defense
- You were defending another person
- The injuries sustained were not “great bodily injuries” or “serious bodily injuries”
- Lack of evidence to prove your case beyond a reasonable doubt
- You committed an act that couldn’t have caused a violent injury to another, such as throwing a beer on them.
- Lack of corroborating evidence, such as witnesses, surveillance video, etc.
- The alleged victim has a history or reputation of violence
- The police violated your constitutional rights
- Mistaken identity or alibi defenses
- False allegations
Don’t leave your defense to chance. If you were charged with assault, call Ahmed & Sukaram, Attorneys at Law to schedule a free case review with an experienced San Jose assault lawyer today.
Schedule a Free Consultation With a San Jose Assault Defense Lawyer
Any assault and battery charge should be taken seriously. When you’re charged with a violent crime, both your freedom and your reputation are on the line. You can start protecting yourself today by calling an experienced San Jose assault defense lawyer at Ahmed & Sukaram, Attorneys at Law for a free consultation.
Our San Jose, CA criminal defense law firm also provides:
- Domestic Violence Attorneys in San Jose
- Drug Crimes Attorneys in San Jose, CA
- Theft Crimes Attorneys in San Jose, CA
- Weapon Charges Lawyers in San Jose, CA
- Battery Lawyers in San Jose, CA
- San Jose DUI Lawyers
- Sex Crimes Attorneys in San Jose, CA
- Violent Crimes Lawyers in San Jose, CA
- White Collar Crimes Lawyers in San Jose, CA