San Jose Assault Charges

By Thomas F. Mueller   Oct. 28, 2010 10:55a

In California, simple assault is a misdemeanor offense. The act of threatening to intentionally cause injury or damage to another person or making unlawful contact with another person is considered assault. The defendant must have the present or apparent ability to physically carry out the threat in order for it to be considered assault.

The penalties for assault may include probation for up to three years, up to six months in county jail, a fine of up to $1,000 and community service. If a defendant is accused of assault on a law enforcement officer or assault with a deadly weapon however, they may face felony charges and much more harsh penalties including prison sentencing and larger fines. It is important to seek legal representation from a San Jose criminal defense lawyer if a person has been accused of or arrested for assault.

There is a key difference between assault and battery charges. That difference is the threat of bodily harm and the actual act of causing bodily harm, which is considered battery. In all cases it is important to distinguish between the two, and understand key elements, which determine if the charges are applicable. This can include accidents, consent as in sporting events, and whether or not the defendant was physically capable of committing the assault or battery. For instance, in establishing an alibi, if the accused can be proved to have been at another location at the time of the crime they cannot have committed the crime.

Assault and Battery Lawyer in San Jose

In the event that you or a loved one is charged or arrested for assault and/or battery it is absolutely vital that you seek legal counsel from an experienced representative who will protect your rights. At the Law Office of Thomas F. Mueller we have more than 38 years of criminal defense experience, which we can use to aggressively fight or reduce your charges and build a defense to help your case as best as is possible.

Contact a San Jose Assault and Battery Lawyer today for your initial case consultation.

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