California's Best Aggravated Assault Defense Lawyer

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.