Rebecca Feigelson Law: Assault Lawyer Oakland CA
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Assault Attorney in Oakland, CA
A person doesn’t have to attack another aggressively to be criminally charged with assault. Anytime someone comes in physical contact with force intended to hurt, injure or threaten someone else’s safety, it is considered assault.
Assault is an illegal attempt, coupled with the present ability, to commit a violent injury to another. The severity of the assault varies from a misdemeanor to a felony. It can be classified as an infraction or a wobbler.
Since the consequences of assault crimes fluctuate depending on the individual case, it can be beneficial to consult with a qualified criminal defense lawyer like Rebecca Feigelson of Rebecca Feigelson Law. You can contact the law firm to schedule an initial free consultation knowing that confidentiality is certain due to the attorney-client relationship.
What Are Assault Charges in California?
No matter the severity of the assault, it is still a crime according to the law. If you are charged with assault, you must know that you may face jail time and fines.
Depending on how severe the assault was and how many times you were previously convicted for an offense, assault charges can be separated into two categories: misdemeanors and felonies. Felonies are more serious and have greater consequences.
Misdemeanor Assault Charges
If the person who committed the assault has no prior convictions for violence, they will be charged with a misdemeanor. If the person who committed the assault has one or two convictions for violent crimes, they will be charged with a felony.
Misdemeanors are criminal offenses that are less serious than felonies. Consider seeking legal counsel from credible law offices with experience building criminal defense cases.
What Are Penalties for a Misdemeanor Criminal Conviction?
A misdemeanor assault is a less serious assault that does not cause great physical harm. It includes an offense such as spitting on someone, offensive touching, or hitting someone with a closed fist. A misdemeanor assault can be punished by up to 364 days in county jail.
What Are Felony Assault Charges?
The prosecutor considers two elements to determine whether an assault charge is a felony. They assess the severity of the crime. They consider any aggravating factors that may have influenced it, such as using a weapon or if the victim sustained a personal injury.
Suppose the person who committed an assault willfully inflicts bodily injury on another person, and this is their third offense within five years. In that case, they will also be charged with a felony.
What Are the Penalties for a Felony Criminal Conviction?
A felony assault is any assault that results in serious injuries or death. Felonies can be punished by:
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Prison time of up to 3 years
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Fines of up to $10,000
Sexual battery is a felony. It includes touching an intimate part of someone’s body without their consent. Sexual assault cases are punishable by up to 15 years in prison and a fine of $10,000.
What Are the Types of Assault in California?
Assault is a crime that involves the intentional infliction of physical injury to another person.
There are various types of assault in California, including battery, assault with a firearm, and domestic violence.
The following are some of the common types of assault in California:
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Simple assault occurs when someone intentionally takes action that makes another person reasonably apprehensive of an immediate harmful or offensive contact.
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Aggravated assault occurs when the defendant uses force likely to produce great bodily injury to another person and willfully causes the other person to suffer a great bodily injury on an occasion other than the commission of a felony.
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Assault with a deadly weapon is committed by willfully and unlawfully threatening to commit violence on another person while armed with any object that could cause great bodily injury or death.
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Battery is committed by willfully and unlawfully touching another person against their will.
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Domestic violence cases include assault against one’s family or household member.
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Sexual assault is an unwanted sexual act committed by an intimate partner, family member, friend, or stranger.
Can an Oakland California Attorney Help With an Assault Case?
It can be difficult to understand California criminal law and how the criminal justice system works without the assistance of experienced criminal defense attorneys.
The prosecution must prove that you willfully attempted to injure another person violently and that you had the present ability to do so. But, if you were defending yourself from an attack, or if your actions were accidental, you are not guilty of assault.
Criminal charges can be intimidating due to their complex nature. Speaking with a CA assault lawyer in Oakland could be the first step in mounting an aggressive defense when you are accused of committing a criminal offense.
Contact an Experienced Criminal Defense Attorney in Oakland, CA
At Rebecca Feigelson Law, we are dedicated to providing legal representation to those facing assault charges.
Our legal team understands how to build a defense strategy that is tailored to your case’s specifics, and we will do everything we can to help you protect your legal rights and freedom.
Whether you are dealing with a legal issue, such as being falsely accused of assault or facing criminal charges, our attorney is here to provide legal guidance and support.
If you need an attorney present to defend your rights in court, contact Rebecca Feigelson Law today and get the experienced Oakland attorney you deserve.
Frequently Asked Questions?
What Constitutes an Assault in California?
An assault is any physical contact or threat of physical contact that causes fear or apprehension in the victim.
Several categories of assault exist, including simple assault, aggravated assault, and battery.
What Is the Difference Between a Battery and an Assault?
A criminal defense attorney would explain that an assault is an unlawful attempt, coupled with a present ability, to inflict bodily harm on the person of another.
A battery is a type of assault that causes injury to the victim.
What Are Some Examples of Assaults?
Some examples of assaults include slapping, pushing, kicking, punching, and spitting.
Sexual assault is unwanted and intentional sexual contact without the other person’s consent. Examples of sexual assault include rape and molestation.
Can an Assault Conviction in CA Be Expunged?
Many people are unaware of the fact that expungement is not always possible.
In California, three types of cases cannot be expunged. These include sex crimes, violent crimes, and offenses requiring registration as sex offender.
You might consider contacting a reputable criminal defense law firm for advice to explore criminal expungement.