California's Best Aggravated Assault Defense Lawyer
Assault & Battery Attorney Near Me | Free Consultation
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.
Awards & Media
Our Law Offices
Cities We Serve
Criminal Lawyers & Defense FAQs
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
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
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
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
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
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
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
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
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
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
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,
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
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
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.
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
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