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Are You Being Charged with Criminal Assault?
Few crimes are more about “he said, she said” than criminal assault. Who started it, and if self-defense is applicable, sit at the very heart of this criminal allegation. Furthermore, as assault is the willful use of force upon another without consent, questions such as “what is willful?” and “what is force?” and “was consent given?” must be proven in order to sustain a conviction of assault.
Keep in mind here that criminal assault, typically charged as Penal Code §242, is wholly different than domestic violence (PC §243(e)(1) or §273.5), though the two share many similarities. The main difference relates to who the allegedly-assaulted party is. If it is a spouse, lover, cohabitant, or family member, it is more likely to be a domestic violence case. Basic assault usually involves a confrontation between strangers.
Depending on the facts and injury caused, a basic assault case can be punished with probation and anger management all the way through time in state prison. What matters to defense attorneys, however, is what the District Attorney can show actually happened. We all know that our memories are faulty; that what we think we saw we may not have, in fact, seen; and that there may be justifications to touch another person, even aggressively. But what can be proven beyond a reasonable doubt is all that really matters. If you are charged with basic assault, you need someone on your side who can ask the tough questions and demand the District Attorney accept the tough answers.
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Criminal Lawyers & Defense FAQs
When Should I Hire A Criminal Defense Lawyer?
The answer is simple: right away if you know you’re being investigated for a crime. Don’t make a mistake, hire a criminal defense lawyer. If
If You Already Have A Criminal Defense Attorney and You’re Not Happy With Your Attorney, Can You Switch It?
The answer is yes. Absolutely not only do you have a right to counsel in this country, but you have a right to the attorney
When Should I Represent Myself In A Criminal Matter?
It is not recommended that you represent yourself in a criminal defense matter. There are attorneys that are trained, that go to school, that go
Government Lawyer Vs Private Lawyer
What’s The Difference Between Public Defender And Lawyer? Public defenders work for the government and get paid by the government in order to provide representation
Are There Any Drawbacks to Hiring a Public Defender?
Public defenders work for the government and have a tremendous amount of cases. They’re extremely busy because the government gives them these cases to handle
How Do You Bill or Charge For a Criminal Defense Case?
The way the Matian Firm works is we provide a flat fee retainer for your case. For example, if you come into our firm and
How Much Do Criminal Defense Lawyers Cost?
It depends on your case. If you have a murder case that is going to cost you a tremendous amount of money, especially as compared
Private Defense Attorney Cost
How Criminal Defense Attorneys Charge It depends upon your case. Defense attorneys charge a one-time flat fee per case and the reason is they look
I Was Caught Red-Handed, the Police Have All the Evidence to Prove that I’m Guilty. Why Should I Hire a Criminal Defense Lawyer?
You should absolutely hire a criminal defense lawyer. Because even if you think the government has all the evidence they need against you, a competent
This Is the First Time I’ve Ever Been Charged With a Crime. Will the Court Take This Into Consideration?
Yes, a court or district attorney or prosecutor or city attorney will always take into consideration the totality of circumstances which includes your past, criminal
Under What Circumstances Will A Case Be Completely Dropped and Dismissed Against Me?
There are essentially three ways: 1.) The district attorney could make a decision to drop the case because they feel that there isn’t enough evidence
What is the Difference Between a Felony Case and a Misdemeanor Case?
If the crime that you’re charged with can land you in prison for over a year then that is classified as a felony. If the
Does the Police Need a Warrant to Arrest you? In What Circumstances Can a Police Officer Arrest You Without a Warrant?
No, the police do not need a warrant to arrest you. If a crime happens in their presence and they witness it, then they can
How Do I Know When to Plead Guilty?
If your attorney really recommends. So make sure your attorney has fought tooth and nail to get you the best possible offer, the best possible
Is There A Better Chance I’ll Get a Plea Deal If I Wait Closer to Trial to Plead Guilty?
The answer is this it’s unknown. Every courthouse is different, every jurisdiction is different, every judge is different, every prosecutor is different, and every single
What Are Miranda Rights?
Miranda rights are a set of rights that you are afforded that the police must read to you when you are in custody. You’ve heard
Why Is It Important That Miranda Rights Have To Be Read For Me?
Miranda rights are only supposed to be read for you. They are only applicable is if you are in custody and the police want to
If I Was In Custody and the Police Asked Me Incriminating Questions and I Answer Them, But They Did Not Read Me My Miranda Rights, What Happens Then?
Well if you have a good attorney, a competent attorney they will file a motion to make inadmissible your answer. So if you provided an
What Is An Arraignment?
Arraignment Definition Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine
Does California’s Three Strikes Law Still Exist?
Yes it absolutely does and it’s being used against defendants every single day. So if you are charged with a crime and that crime could
Can My Lawyer Go To My Arraignment For Me?
Can My Lawyer Represent Me In Court Without Me Being There? The answer is simple: it depends if you are charged with a felony case,
Do I Need a Lawyer At Arraignment?
Yes, absolutely. If you are ever charged with a crime, if you are ever being investigated for a crime, it is recommended that you always
What Is Bail?
Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a
What If I Cannot Afford Bail?
If you cannot afford bail and there is a bail on your case, then unfortunately you are going to be held in custody for the
Can I Be Released Without Any Bail Amount?
It depends on what you are being charged with. There is a litany of cases that you will just simply be cited for by police
What Is O.R Release?
OR is a term that stands for own recognizance. What this means is that the judge has made a determination that there is no bail
How Do I Get Offered a Plea Bargain?
In almost every single case the prosecutor’s office is going to give you an offer to settle the case. However, the important thing is not
Is a Plea Bargain In My Best Interest?
In some circumstances, if you’re facing a criminal charge, the police may have enough evidence against you to be able to prove your guilt. At
What Makes A Crime A Crime?
If you could do an act and as the result of that act is being charged by the government with a crime that could put
Mens Rea
What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal
Difference Between Mistake Of Fact And Mistake Of Law
Mistake of Fact Defense: Can be a defense to a crime. For example, let’s say you had an identical purse as someone, and you put
What’s The Difference Between Careless And Reckless Negligent Driving?
Reckless Vs Careless Careless negligence is things that are more minor. For example, if you’re driving on the street and you’re in your own lane,
Intentional Vs Unintentional Conduct
What Is The Difference Between Intentional And Unintentional Conduct? If I intend to do something that is intentional, if I don’t intend to do something
Willful or Malicious Behavior When We’re Talking About a Crime?
If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a
What is Specific Intent?
Specific intent means that you specifically did something with the intent to do that which you specifically did.
Importance Of Motive In Criminal Law
What Is A Motive In A Crime? Motive typically isn’t an element in any crime. We don’t really have the element of motive in a
Crimes Without Mens Rea
No Mens Rea (Intent) For Driving While Drunk DUI is a perfect example of a crime that does not require mens rea. Because when you’re
Strict Liability Crimes
Strict Liability Definition Law Strict liability law is basically if you violate a law that does not require a specific intent or an intent. For
Assault Vs Battery
What Is The Difference Between Assault And Battery? The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they
What Is the Difference Between Simple Assault and Aggravated Assault?
The answer is pretty self-explanatory. Simple assault is when there are either no injuries or very minor injuries. Possibly extremely minor bruising or something along
What Is An Example Of Involuntary Manslaughter?
Vehicular Manslaughter Manslaughter is when you have an unintentional killing of a victim without any specific intent. An example of manslaughter is if you are
Manslaughter Vs Murder
What’s The Difference Between Manslaughter And Murder? Manslaughter is when you to have an unintentional killing of a victim without any specific intent. An example
Difference Between Voluntary And Involuntary Manslaughter
Voluntary Versus Involuntary Manslaughter Voluntary manslaughter is the act to kill someone and you have the means, the intent, the reason behind killing that person.
If You Are Pulled Over By Law Enforcement Does Law Enforcement Have the Right to Search Your Car?
The answer is police officers don’t have a right to search anything. There has to be certain circumstances that will give them the reason to
What Kind of An Attorney Should I Expect to Work On My Case? How Many Attorneys, Paralegal Staff Members, Are Usually Assigned to a Criminal Case?
Well that all depends on your specific crime and also the type of firm you hire. If you hire a firm that only has one
What Happens If the Federal Government Arrests you?
The majority of arrests are made by the state government. However, the federal government also has a prosecutorial arm and the jurisdiction where they could
Mens Rea
What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal cases the majority of criminal crimes constitute an intent, you must prove that the person intended to do that which he did. For example, if I punched someone in the face and I intended to do that, that’s a crime. That’s assault. I didn’t act, the act was actually making contact with my fist to his face, but the main component of the crime is did I mentally prepare myself and that I’m maliciously doing it? Did I knowingly do it? The answer is yes, then I have the men’s rea. There are certain situations where you do an act then you don’t have the mens rea. For example, if I punch the cameraman in the face but I am on a prescription drug and I completely black out and I have no idea what I’m doing and I cannot control my body, I cannot control my mind, then I do not have the mens rea. So I cannot be charged with assault because I don’t have the mens rea. I don’t have the specific intent to do what I did, even though I did it. Men’s rea is basically my mind knowing what I’m doing and my mind carrying out the conduct of which I did.
Assault Vs Battery
What Is The Difference Between Assault And Battery? The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they are going to be imminently harmed by you or actually harm by you. For example, if that person is under the belief that you are about to strike them then that is an assault. If you do strike them, that then that is an assault, as well depending on the jurisdiction, some people use the eminent capacity under the word assault. Battery is actually when you inflict harm upon the person. Assault and battery depending on the jurisdiction are interchangeable terms so that is a general definition of assault.
What Is the Difference Between Simple Assault and Aggravated Assault?
The answer is pretty self-explanatory. Simple assault is when there are either no injuries or very minor injuries. Possibly extremely minor bruising or something along those lines. Battery aggravated assault is when there are injuries, significant bruising, broken bones, cuts, stitches, internal bleeding, things like that will lead to a more aggravated charge, a heightened charge, possibly even a felony. It really depends upon the injuries of the victim when it comes to the definition and classification of the range of assault that the prosecutor is going to charge you with.