Assault

Rancho Cucamonga Assault Lawyer

What is Considered Assault in California?

It may seem surprising, but violence does not have to occur for you to be charged with a violent crime. In California law, "assault" refers to when someone performs an action intending to strike or injure an individual but fails to do so. It can also include threatening to use violent force or an assault-like action on another individual. Many people often confuse or conflate assault with the crime of "battery," where the strike or application of force actually occurs.

The four elements of an assault crime include:

  • The defendant performed an action that was likely to use force against someone else
  • The defendant performed this action willfully
  • The defendant was aware that the act would result in force being applied to the other person
  • The defendant had the ability to apply force to the other person

Violent crime charges of all sorts are taken extremely seriously by the court, and prosecutors rarely shy away from pursuing the maximum possible penalties. This means you need an ally on your side to help you navigate your case and stand up for your rights. With more than 25 years of experience, the Law Offices of Brian E. Skibby offer proven, hands-on support and representation against all sorts of criminal charges. We understand that those facing the criminal justice system deserve the best-quality defense possible in order to ensure a fair trial. Attorney Skibby has helped more than 2,000 adult and minor clients with their cases, including hundreds of full court trials.

Let a skilled Rancho Cucamonga assault lawyer protect your rights. Call (909) 695-0095 now or contact us online for a consultation!

Understanding Assault Charges in California

California law defines assault as an unlawful attempt, combined with the present ability, to commit a violent injury upon another person. Unlike battery, which requires physical contact, assault can be charged even if no harm was inflicted, as long as there was an attempt or threat of violence. A Rancho Cucamonga assault attorney can help clarify the legal definitions and build a defense tailored to the specific circumstances of a case.

Assault charges vary depending on the severity of the alleged crime, the presence of aggravating factors, and the victim’s status. Some of the most common types of assault cases include:

  • Simple Assault: A misdemeanor charge that does not involve physical contact but is based on an attempt to inflict harm.
  • Aggravated Assault: A more serious charge involving the use of a deadly weapon or an assault that causes serious bodily injury.
  • Assault with a Deadly Weapon: A felony charge that applies when an individual uses a weapon or force likely to produce great bodily injury.
  • Assault on a Public Official: When an assault is committed against law enforcement, firefighters, or other public servants, harsher penalties may apply.
  • Domestic Assault: Assault charges involving a spouse, intimate partner, or family member can carry additional legal consequences.

California Penalties for an Assault Charge

Penalties for assault can include:

  • Jail time
  • Large fines
  • Probation/parole
  • Permanent criminal record
  • Possible loss of rights

Assault is considered a "wobbler" crime because the nature of your charges can vary depending on the nature of your accusations. Simple assault is generally considered a misdemeanor, which is punishable by up to a year in prison and a large fine. However, the use of a deadly weapon, such as swinging a knife at someone or robbing them at gunpoint, escalates your charges to the felony level, known as "assault with a deadly weapon."

  • Misdemeanor Assault Penalties: Simple assault can lead to up to six months in county jail, fines up to $1,000, and probation.
  • Felony Assault Penalties: More severe assault charges can result in state prison time, fines exceeding $10,000, and additional sentencing enhancements if weapons were used or if the victim suffered significant harm.
  • Additional Consequences: Even beyond legal penalties, an assault conviction can lead to job loss, restrictions on firearm ownership, and damage to personal and professional reputations.

In instances where the assault results in serious bodily harm or involves a law enforcement officer, penalties can be more severe, including multi-year state prison sentences. Thus, understanding the specific charges and potential defense strategies becomes imperative.

Having a violent crime charge on your record can seriously inhibit your ability to seek employment in the future. Criminal background checks are a common part of the application process, and employers are hesitant to bring people on board who have failed to show restraint in the past. An attorney can help you fight back against these charges and work to clear your name and keep your record clean.

Defending Against Assault Charges with a Rancho Cucamonga Assault Attorney

Being charged with assault can have serious consequences, including fines, jail time, and a permanent criminal record. It is crucial to have a skilled Rancho Cucamonga assault attorney on your side to help you navigate the legal process and build a strong defense.

Our experienced legal team at the Law Offices of Brian E. Skibby has a proven track record of successfully defending clients facing assault charges. We will thoroughly investigate your case, gather evidence, and develop a strategic defense strategy tailored to your unique situation.

We understand that each case is unique and requires a comprehensive approach to defense. From eyewitness testimony to analyzing surveillance footage, our team leverages multiple angles to challenge the prosecution's narrative.

Benefits of hiring our assault defense team include:

  • Expert knowledge of California assault laws
  • Personalized attention and support throughout your case
  • Aggressive representation in negotiations and court proceedings
  • Potential reduction or dismissal of charges
  • Peace of mind knowing your rights are protected

We adapt our approach to each case's specifics, ensuring maximum consideration of potential defenses, such as self-defense or lack of intent, to provide the best possible outcome for you.

Ready to get started with your case? Contact the Law Offices of Brian E. Skibby online or call (909) 695-0095 now to schedule a free case evaluation.

What to Expect During the Legal Process

Understanding the legal process is crucial for anyone facing assault charges. A Rancho Cucamonga assault attorney will guide clients through each step, including:

  • Arrest and Booking: After an arrest, law enforcement will take fingerprints, record personal information, and file charges.
  • Arraignment: The first court appearance where charges are formally read, and a plea is entered.
  • Pre-Trial Motions and Hearings: Legal arguments to dismiss or reduce charges, suppress evidence, or negotiate plea deals.
  • Trial: If no plea agreement is reached, the case proceeds to trial where evidence is presented, witnesses testify, and a judge or jury determines guilt or innocence.
  • Sentencing: If convicted, penalties will be determined based on the severity of the offense and any prior criminal history.

Local Support for Aggravated Assault Charges in Rancho Cucamonga

Facing aggravated assault charges in Rancho Cucamonga can be a daunting experience, but having a local attorney who understands the intricacies of the area can make a significant difference. The Law Offices of Brian E. Skibby are well-versed in the local legal landscape and are committed to providing robust defense strategies tailored to the unique needs of Rancho Cucamonga residents.

Rancho Cucamonga is served by the San Bernardino County Sheriff's Department, which is responsible for law enforcement in the area. If you find yourself entangled in an aggravated assault charge, it's crucial to have a legal ally who is familiar with the workings of local law enforcement and the San Bernardino County Superior Court, where your case will likely be heard.

One of the common pain points for residents facing aggravated assault charges is the potential impact on their employment prospects. Rancho Cucamonga is home to a diverse range of industries, from logistics to healthcare, and a criminal record can severely limit job opportunities. Employers in the area often conduct thorough background checks, making it essential to fight for a clean record.

In addition to employment challenges, aggravated assault convictions can lead to complications with immigration status, professional licenses, and access to housing or educational opportunities. Each of these aspects is taken into account when crafting a defense strategy.

Additionally, the local community values safety and security, which means that prosecutors in Rancho Cucamonga are particularly aggressive in pursuing violent crime charges. This makes it even more important to have a dedicated attorney who can navigate the local judicial system and advocate on your behalf.

Our Rancho Cucamonga Assault Lawyers Can Help

At the Law Offices of Brian E. Skibby, we understand the specific challenges faced by Rancho Cucamonga residents. Our hands-on approach and extensive trial experience enable us to provide the high-quality defense you need to protect your future. Whether you're dealing with the San Bernardino County Sheriff's Department or appearing in the San Bernardino County Superior Court, we are here to help you every step of the way.

We stay updated with any changes in legal precedents or new laws that might impact assault cases in Rancho Cucamonga, ensuring that our defense strategies remain relevant and effective.

Need local legal support? Contact the Law Offices of Brian E. Skibby online or call (909) 695-0095 today to schedule a free consultation with our Rancho Cucamonga assault defense attorney. 

Commonly Asked Questions

How does the Law Offices of Brian E. Skibby approach defending against assault charges?

The Law Offices of Brian E. Skibby bring over 25 years of legal experience to the table when defending clients against assault charges. The approach is hands-on, providing personalized support and representation. Attorney Skibby is dedicated to ensuring clients receive the highest quality defense and a fair trial, having successfully assisted more than 2,000 adult and minor clients, including conducting hundreds of full court trials.

Can the Law Offices of Brian E. Skibby help clear my criminal record after an assault charge?

While the Law Offices of Brian E. Skibby strive to provide a robust defense against assault charges to prevent a conviction, they can also assist in efforts to clear your name post-conviction. This may involve legal processes such as expungement, depending on the specifics of your case and the outcome of your trial. It's important to consult directly with the attorney to understand the options available for your situation.

Why should I choose the Law Offices of Brian E. Skibby for my assault case in Rancho Cucamonga?

Choosing the Law Offices of Brian E. Skibby for your assault case in Rancho Cucamonga means you'll be working with a seasoned attorney who understands the local legal system and has a proven track record of defending clients in violent crime cases. The firm’s commitment to personalized, hands-on defense and extensive trial experience can be pivotal in navigating the complexities of your case and fighting for a favorable outcome.

What are common defenses against assault charges in California?

Several defenses can be employed against assault charges in California, focusing primarily on disproving the intent or ability to cause harm. A common defense is self-defense, which applies if the accused believed they were in imminent danger and used reasonable force to prevent harm. Another defense might be lack of intent, where the actions did not have malicious intent and were possibly taken out of self-preservation in an escalating situation. In some instances, mistaken identity can serve as a pivotal defense if evidence or witness testimony matches another individual, not the accused. Challenging the prosecution's evidence, such as disputing the credibility of witnesses or the reliability of surveillance footage, can also be effective strategies. At the Law Offices of Brian E. Skibby, we meticulously analyze each detail of the incident to build a robust defense, aiming to uncover discrepancies in the prosecution’s case that may lead to a favorable outcome for our clients.

How do local Rancho Cucamonga courts handle assault cases?

Assault cases in Rancho Cucamonga are typically heard in the San Bernardino County Superior Court, which is known for its stringent approach to violent crimes. Judges in these courts emphasize the safety and security of the local community, often taking into account the severity of the allegations, the defendant's history, and local community standards when determining penalties. The local prosecutors are aggressive in their pursuit of convictions, particularly for alleged offenses involving weapons or severe injury. However, they are also open to negotiation, especially when the defense attorney provides compelling evidence or mitigating circumstances. Understanding the local legal environment and developing a favorable rapport with court personnel can significantly benefit a client's defense strategy. The Law Offices of Brian E. Skibby leverage their extensive local involvement to navigate these complexities, ensuring that clients receive a comprehensive and well-connected legal defense tailored to local judicial practices.