When you’re arrested on assault charges in Santa Clara County, CA, it’s not unusual to feel anxious about your future. The possibility of fines, a criminal record, or even time in jail can be overwhelming for defendants. Understanding what to expect from California assault laws is a big step toward taking control of the situation.
Working with an experienced defense lawyer can help you find the strengths in your case and protect your legal rights. If you have questions about what to do when facing an assault charge, let us help. Contact Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818 to schedule a free consultation with a Santa Clara County assault defense lawyer.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help if You’re Arrested for Assault
If you’re facing assault charges in Santa Clara County, it’s important to work with a trusted criminal defense lawyer as soon as possible. At Ahmed & Sukaram, our Santa Clara County criminal defense attorneys have 30 years of combined experience and have won thousands of cases altogether – including 50+ at trial. We know how the process works as well as anyone.
Here’s what our firm can do to help:
- We will thoroughly analyze every aspect of your arrest by looking at police reports and body cam footage when available. We’ll look for mistakes or violations of your rights that can lead to evidence being suppressed.
- We will communicate with prosecutors on your behalf and try to negotiate to have your charges dismissed or reduced so you don’t have the stress and risk of going to trial.
- We are always ready to represent you in court if negotiations don’t produce a fair outcome.
If you need help with an assault charge in Santa Clara County, California, we’ll take every step we can to help you avoid a conviction. Contact us today to get started with a free initial consultation.
Overview of Assault in California
In California, assault involves actions that could cause force or violence to be used against another person. Under the law, prosecutors must show that the individual acted willfully, knew their behavior might result in force, and had the present ability to carry out that force.
For instance, raising a fist or making a threatening gesture could qualify if these elements are satisfied. Even if actual contact never occurred, demonstrating that the act was intentional and posed a real threat can meet the standard for assault.
Aggravated Assault
Certain types of assault are considered more serious and face heavier consequences under California law. These offenses can include assault with a deadly weapon, using a firearm, or causing great bodily injury.
In some cases, individuals might be accused of assault with a flammable substance or using a weapon against a school employee. Because these charges carry stricter penalties, it’s crucial to understand your legal options if you’re being accused of aggravated assault.
What Are the Penalties for Assault in Santa Clara County, California?
Penalties for assault in Santa Clara County can vary, depending on the circumstances surrounding the crime and how it’s charged. Below are a few examples of potential punishments:
- Simple Assault: Typically charged as a misdemeanor, it may lead to a maximum of six months in jail and/or a fine of up to $1,000.
- Assault on an Officer or Emergency Professional: Still usually a misdemeanor, but punishable by up to one year in jail and/or a fine that can reach $2,000. Can be a felony in some circumstances.
- Assault with a Deadly Weapon: If prosecuted as a misdemeanor, the penalty can be up to one year in jail and a fine of up to $1,000. When charged as a felony, it carries a sentence of two, three, or four years in state prison.
A person’s criminal record and the details of the incident will affect the exact sentence.
What Defenses Can Be Raised if I’m Arrested for Assault in Santa Clara County?
When you’re arrested for assault, there are a variety of legal defenses that can be used. Some of the most common include the following:
Lack of Intent
To secure a conviction, the prosecutor must show you acted with the purpose of causing harm. If what happened was unintentional, this can be used as a defense. Eyewitness accounts or expert findings can be persuasive in establishing that you had no harmful intent.
Lack of Present Ability To Inflict Harm
If you couldn’t have caused physical harm at the time, it’s possible to argue that assault charges don’t apply. This defense may include proof that the alleged victim was in a separate room or far beyond your reach. Video footage or testimony from bystanders can support this.
False Accusations
In some cases, the person pressing charges could be misrepresenting events. Personal grudges or mistaken identity can fuel an accusation that’s not based on facts. Discrediting the accuser’s statements, presenting alibis, and showing inconsistencies in their story can be critical to your defense.
Identifying the right defense strategy for your situation can mean the difference between a conviction and putting these charges behind you. Our lawyers will make this determination and do everything possible to help you avoid a conviction.
If you’re facing assault charges, you could end up facing serious prison time in some cases, particularly if you’re charged with aggravated assault. In these cases, the best way to protect yourself is to speak with a criminal defense lawyer.
Our team has decades of experience handling these cases and we’re always here to answer any questions you have. Contact Ahmed & Sukaram today to schedule a free consultation with a Santa Clara County assault defense attorney.