How Does The Degree Of Injury Affect An Assault Charge?

Understanding how the degree of injury affects an assault charge is crucial in criminal defense law. In California, the severity of injuries sustained by the victim significantly impacts the level of assault charges and the corresponding penalties. Minor injuries may result in misdemeanor charges, while severe injuries can escalate the charges to felonies. This distinction is essential because it influences both the immediate consequences and long-term effects for the accused.

Types of Assault Charges:

• Simple Assault: This occurs when an individual attempts to cause physical harm to another person but does not cause significant injury. Simple assault is typically charged as a misdemeanor.
• Aggravated Assault: This involves an assault that causes serious bodily injury to the victim. Depending on the severity of the injuries, aggravated assault can be charged as either a misdemeanor or a felony.
• Assault with a Deadly Weapon: This charge applies when an assault is committed using an object capable of causing serious harm or death, such as a knife or a gun. Assault with a deadly weapon is usually charged as a felony.

Minor injuries, such as bruises or small cuts, generally lead to misdemeanor charges. These charges often result in lighter penalties, such as fines, short-term imprisonment, probation, and community service.  Severe injuries, such as broken bones, significant cuts, or injuries requiring hospitalization, can escalate the charges to felonies. Felony assault charges carry more severe penalties, including longer prison sentences, higher fines, and more extensive probation terms.

Examples:

• Scenario 1: If a person swings at another person and misses, it may be considered simple assault and charged as a misdemeanor.
• Scenario 2: If a person swings a baseball bat at someone and misses, it can be charged as assault with a deadly weapon, even if no injury occurs.
• Scenario 3: If a person hits someone with a baseball bat causing a broken arm, the charge can escalate to aggravated assault with a deadly weapon, leading to felony charges due to the severity of the injury.

Common Mistakes Detrimental To An Assault Case In California

Self-Incrimination Risk One of the most critical mistakes individuals make is speaking to the police without having an attorney present. Many believe that explaining their side will help their case, but any statements made can be used against them in court. It is crucial to exercise your right to remain silent and request legal representation immediately.

Misunderstanding Intentions Defendants often think the police are there to help them, but in reality, the police are gathering evidence for prosecution. Without legal guidance, defendants may inadvertently provide information that strengthens the case against them.

Failing to Secure an Experienced Attorney Early

• Missed Defense Opportunities: Delaying the hiring of an experienced criminal defense attorney can result in missed opportunities to gather crucial evidence, secure witnesses, and build a strong defense strategy from the outset.
• Lack of Guidance: An attorney can provide critical advice on what actions to take and what to avoid, helping prevent damaging mistakes early in the process.

Underestimating the Severity of the Charges

• Inadequate Preparation: Defendants sometimes fail to recognize the seriousness of the assault charges, leading to insufficient preparation and a weaker defense.
• Failure to Act: Not taking the charges seriously can result in neglecting important legal deadlines and requirements, worsening your position.

Ignoring Court Orders and Legal Advice

• Court Order Violations: Failing to comply with court orders, such as restraining orders or bail conditions, can lead to additional charges and complications in your assault case.
• Disregarding Legal Counsel: Ignoring the advice of an experienced attorney can result in making decisions that are not in your best interest, undermining your defense.

Engaging in Discussions with the Victim or Witnesses

• Risk of Incrimination: Communicating with the victim or potential witnesses without an attorney’s guidance can result in statements or actions that may be used against you.
• Tampering Allegations: Such interactions can also lead to allegations of witness tampering or intimidation, further complicating your case.

Common Defense Strategies Utilized In Assault Cases

Lack of Ability to Inflict Force: This strategy involves proving that the defendant did not have the capability to inflict harm on the victim. This could be due to physical limitations, distance, or other factors that made it impossible for the defendant to carry out the alleged assault.

Self-Defense or Defense of Others: This strategy argues that the defendant acted to protect themselves or someone else from imminent harm. The key elements include proving that the defendant had a reasonable belief that they or another person were in immediate danger and that the force used was proportional to the threat.

Lack of Intent: For an assault charge, the prosecution must prove that the defendant acted willfully and with the intent to cause harm. This defense focuses on showing that the defendant did not have the required intent to commit assault.

Wrongful Accusation: This strategy involves proving that the defendant was falsely accused of assault. This could be due to mistaken identity, false allegations, or lack of credible evidence.

Potential Penalties For An Assault Charge Conviction In California

Misdemeanor Assault Charges:

• Jail Time: Convictions for misdemeanor assault can result in jail sentences ranging from a few days to up to one year in county jail.
• Fines: Fines for misdemeanor assault charges can range from $1,000 to several thousand dollars, depending on the circumstances of the case.
• Probation: Defendants may receive probation, which can include conditions such as community service, anger management classes, and regular check-ins with a probation officer.
• Restitution: Courts may order defendants to pay restitution to the victim for medical expenses, lost wages, and other related costs.

Felony Assault Charges:

• State Prison: Felony assault convictions can lead to state prison sentences ranging from two to four years, or more, depending on the severity of the offense and any prior criminal history.
• Fines: Fines for felony assault charges can be significantly higher, often up to $10,000.
• Probation: Felony probation can include stricter conditions and longer durations compared to misdemeanor probation, potentially including mandatory rehabilitation programs and electronic monitoring.
• Restitution: Similar to misdemeanor charges, felony convictions often require the defendant to pay restitution to the victim.

Long-Term Effects Of An Assault Conviction In California

Felony Assault Conviction:

• Employment Challenges: A felony conviction can significantly hinder your ability to find and maintain employment. Many employers conduct background checks and may be reluctant to hire someone with a felony record.
• Loss of Voting Rights: Felony convictions can result in the loss of your right to vote while you are incarcerated and, in some cases, even after release until parole or probation is completed.
• Firearm Ownership: Felony convictions typically result in a lifetime ban on owning or possessing firearms.
• Social Stigma: Felony convictions carry a social stigma that can affect personal relationships and standing in the community.

Misdemeanor Assault Conviction:

• Employment Impact: While less severe than felony convictions, misdemeanor convictions can still impact job prospects, especially in fields requiring background checks or professional licenses.
• Probation and Restrictions: Misdemeanor convictions often result in probation, which can impose various restrictions and obligations on your daily life.
• Future Legal Consequences: A misdemeanor assault conviction can be considered in future legal proceedings, potentially resulting in harsher penalties for subsequent offenses.

Contact a Los Angeles Assault Attorney

If you or a loved one is facing assault charges, it is crucial to seek experienced legal representation immediately. Attorney Arash Hashemi has been defending assault cases since 2003, handling everything from simple assault to aggravated assault and assault with a deadly weapon. Our deep understanding of the law and our commitment to our clients set us apart.

Our Office Location:
Westside Towers
11835 West Olympic Blvd, Suite 1235E
Los Angeles, CA 90064

For more information or to schedule an initial consultation, please call us at (310) 448-1529 or contact us online. We offer flexible hours, weekend appointments, and will visit you in jail to discuss your case. Our office is conveniently located within minutes of Santa Monica, Beverly Hills, and Westwood, and steps away from the Expo/Bundy Station.