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If you have been charged with assault or battery in the San Diego area, you may be looking for legal support. We understand this can be stressful, but we can support you and reduce stress during an overwhelming time. At Bernal Law, led by the experienced San Diego assault and defense attorney Pedro Bernal, Esq., individuals facing assault and battery charges in San Diego will find a robust ally. Our experience covers various criminal defense areas, including crimes like assault and battery, ensuring clients receive knowledgeable and effective representation.
Attorney Bernal’s background as a former prosecutor enriches his defense strategy, offering clients a comprehensive understanding of both sides of the courtroom. Bernal Law is dedicated to protecting the rights of the accused and navigating the complexities of the legal system with professionalism and care. With a commitment to client service and a deep understanding of criminal law, Bernal Law stands ready to support those needing defense against assault and battery charges in San Diego.
What is Assault?
Assault in California as described in California Penal Code 240, is defined as an attempt to commit a violent injury on another person.
In order to be convicted of San Diego assault charges, the prosecution must prove:
- You committed an act which was likely to result in the use of force against another person
- You committed this act willfully
- You were aware that a reasonable person would believe the act you committed would directly result in force being applied to another human
- You had the ability to apply force to another person
If you need more information about assault and what qualifies for these kinds of charges, we encourage you to work with a qualified criminal defense attorney.
ASSAULT VS. BATTERY
Many people still use the term “assault and battery” together, however, they are two distinctly separate crimes.
While assault is an attempt to use force or violence against another person, battery is the actual use of that force or violence.
Assault can include deliberately or carelessly causing bodily injury to another person, deliberately threatening another person with bodily harm, or engaging in physical contact with another when you know that contact is unwanted and/or offensive.
THE FEAR OF PHYSICAL HARM CAN RESULT IN ASSAULT CHARGES
You can also be charged with assault if you commit an act which leads another person to fear physical harm.
Suppose you and the guy in front of you in a line get into an argument and, in an attempt to make your point, you lightly poke the person in the chest. If the man believes you intended to hurt him, or, if while you are poking him you angrily say “If you don’t move I’m going to make you wish you had,” then you may find yourself being charged with assault in San Diego.
THE SUBJECTIVE NATURE OF ASSAULT CHARGES
Charges of assault can also be “subjective” and depend on the interpretation of an arresting officer. As an example, a husband may witness his wife, after having a few drinks, getting flirty with someone at a bar. They argue and the husband’s temper erupts and he yells at his wife, “I could just kill you.”
Obviously, that’s a bad choice of words, yet most of us have said things in anger at one time or another we later wished we could take back.
The question is, did the husband really mean he was contemplating killing his wife?
Did she believe he really meant he would kill her?As you can see, sometimes assault allegations are pretty subjective. This also means that in some instances a spouse, girlfriend/boyfriend, partner, roommate, or family member could allege assault as a method of “getting back at” or “getting even with” a person they were angry with.
PENALTIES FOR ASSAULT IN SAN DIEGO
In many cases, simple assault in the state of California is charged as a misdemeanor, with penalties of up to six months in county jail and/or a fine not to exceed $1,000.
However, the penalties for assault in San Diego are harsher if the person charging you belongs to one of the following professional categories:
- Police officers or other law enforcement officers
- San Diego process servers
- Lifeguards
- EMTs or paramedics
- Firefighters
- Animal control officers
- Parking control officers
- Code enforcement officers
- Traffic officers
- Members of a search and rescue team
If your assault was on a person in one of the protected classes above, you could face up to a year in the county jail, and/or up to $2,000 in fines.
WHEN A WEAPON IS USED DURING THE ASSAULT
If you had a weapon in your possession during the alleged assault or if you used a method of force which had a high likelihood of causing great bodily injury during the assault, you might be charged under Penal Code 245(a)(1), “assault with a deadly weapon.”
Assault with a deadly weapon is considered a wobbler, meaning it could be charged as a felony or a misdemeanor. If you are charged with a felony for your assault with a deadly weapon, you could serve from two to four years in county jail.
If you are charged with a misdemeanor for your assault with a deadly weapon, you could spend up to a year in county jail.
DEFENSES TO THE CRIME OF ASSAULT
Depending on the circumstances surrounding your charges of assault, your San Diego assault and defense lawyer may be able to use one of the following defenses on your behalf:
- There was no intent on your part to inflict violence or force
- You were defending yourself or another person
- You did not act in a willful manner
- You are innocent and/or were falsely accused
Additional defenses may be a better fit depending on the circumstances surrounding your case. We encourage you to work closely with your assault and battery defense attorney, as we can support you in fighting charges effectively and quickly.
THE COST OF AN ASSAULT CONVICTION IN SAN DIEGO
In addition to the penalties you will face for a San Diego assault conviction, you may find there are additional consequences, some of them very far-reaching.
Your assault will go on your criminal record, which is available to employers as well as those who might rent you a home.
You could find it difficult to obtain a job you are otherwise well-qualified for, to obtain a professional license, to obtain a government student loan, or to find a place to live.
That’s why it’s important to have a San Diego assault and battery lawyer like Pedro Bernal on your side. He understands the subjective nature of assault charges and what prosecutors look for and he’ll aggressively defend your rights.
Steps to Take If You Are Charged with Assault or Battery
If you have been charged with assault or battery, you may have several questions about what steps and strategies to utilize. Legal matters can feel overwhelming and difficult to handle, but you don’t have to go through this time alone.
Avoid Speaking With Law Enforcement
Especially if you do not have representation from an attorney, refrain from speaking with law enforcement officers about your case. You have the right to remain silent, and you should know that every piece of information you share could be used against you during trial.
By speaking as little as possible while still complying with law enforcement, you have a greater degree of control and protection over the information you have. This will make it much easier to reduce the severity of penalties or prove innocence during your trial.
Compile Evidence
If you have access to any evidence relating to your case, we encourage you to compile and organize it in preparation for a meeting with a San Diego assault and defense attorney. This will make it far easier for your attorney to analyze and assess for information supporting your version of events.
If you do not have access to specific pieces of evidence, it may not be possible or necessary to search for it on your own. We encourage you to speak with your attorney about any evidence you believe exists but do not have access to.
Refrain From Posting Online
We encourage you to refrain from posting online while your case is active, and you can reduce temptation and risk by logging out of and deactivating your accounts. Again, anything you share with others can be used against you, even if it does not feel related to your case.
The court system and other parties will likely still gain access to your accounts when privacy settings are utilized, so do not trust those tools to protect you.
Contact a San Diego Assault Defense Lawyer
As soon as possible, we encourage you to contact an assault and battery defense attorney, like one from Bernal Law. Working with a qualified San Diego assault and defense lawyer is an excellent way to mitigate risks associated with legal matters. Furthermore, we can recommend additional next steps based on your specific circumstances, allowing you to reduce penalties during the trial even more.
How Can an Assault and Battery Defense Attorney Help With Your Case?
If you have been charged with any crime, including assault, battery, or another violent crime, we encourage you to work with a qualified criminal defense attorney. Bernal Law is prepared to support clients in many ways, including but not limited to the following:
- Interviewing witnesses
- Helping formulate a plea
- Investigating the prosecutor’s case
- Evaluating potential sentences
- Gathering evidence
- Reviewing search and seizure procedures
- Conducting an independent investigation
- Negotiating with every party
- Preparing your case for court
- Consulting with experts
- Assuring that all documents are filed correctly and on time
- Communicating with the other parties on your behalf
- Organizing and presenting the evidence
- Providing an understanding of the legal system and how to make it work for you
- Connecting you with additional legal professionals and specialists
- Reducing stress related to your case
Please get in touch with Bernal Law as soon as possible to ensure we have enough time to dedicate to your case. This will help ensure we have enough time to collect evidence, understand your needs, build a strong case in your favor, and give it our all at putting your best foot forward.
Get Outstanding Support and Fair Representation: Contact Bernal Law Today to Retain Our Services
If you’re facing assault and battery charges in San Diego, securing the right San Diego assault and defense attorney is critical to navigating the complexities of your case with confidence. At Bernal Law, led by the distinguished Pedro Bernal, Esq., we offer unparalleled legal expertise rooted in years of experience on both sides of the courtroom. We tackle cases in many criminal defense areas, including assault and battery, ensuring you receive comprehensive and strategic representation. We understand the stakes and are committed to protecting your rights.
Don’t face your legal challenges alone. Contact Bernal Law today for representation and protection of your rights. We’re fluent in English and Spanish, and Attorney Bernal is also a former prosecutor, so he knows what to expect from the opposing party. For more information or to schedule your consultation, contact us at (619) 736-9092 or complete our contact form. Let us bring our knowledge, dedication, and compassionate client service to your side, fighting for your rights every step of the way.