Jo-Anna Nieves
Founding Attorney
Dublin Assault Lawyer
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A conviction for assault in Dublin can lead to harsh consequences, including jail time and up to $1,000 in fines. Depending on the situation, assault may also accompany additional criminal offenses, such as battery, which can result in even more severe penalties. Assault is a lesser included offense of many crimes involving violence.
If you have been accused of assault, a Dublin assault lawyer may be able to evaluate the charges against you and determine the best defense strategy for your case. As the outcome of these criminal charges is likely to impact your future adversely, you may need serious legal representation. En Español.
Although many people use the terms “assault” and “battery” interchangeably, these terms refer to two separate crimes with two different sets of punishments under California law. Whereas battery involves any unwanted physical contact that causes injuries to others, assault refers to the actions that lead up to battery. As a result, many individuals can face both assault and battery charges, but there cannot be a battery offense without an assault that first occurs.
Under California Penal Code § 240, an assault occurs when an individual commits an act that causes another person to reasonably believe that the individual had the ability to used force against them. It may involve threats of harm but does not require the infliction of harm.
Cal. Pen. Code § 241 states that for a first-time assault conviction, individuals can serve up to six months in the county jail, pay a maximum fine of $1,000, or both. A court may also require individuals to complete an education course about assault and battery or complete community service hours.
Individuals could face harsher penalties when certain persons are the subject of the alleged assault. For instance, penalties may increase if the individuals knew, or reasonably should have known, that they are committing an assault against any of the following:
Along with some other classes of individuals acting in the performance of their official duties, assaults against these types of persons can result in up to one year of incarceration and payment of a fine of up to $2,000. Assaults that occur in specific places, such as on school property, and those that involve dangerous weapons may also be subject to enhanced punishments. An assault attorney in Dublin may be able to explain the full range of potential consequences for an assault conviction in various circumstances.
A more severe form of assault charge under California law is assault with a deadly weapon, which may be a misdemeanor or felony offense. As a result, the sentence of incarceration for a conviction could range from one to 12 years. Under Cal. Pen. Code § 245(a)(1), persons who carry out an assault using a deadly weapon or instrument, other than a firearm, or using any means of force that is likely to result in significant bodily injury, may face a prison sentence of one to four years, as well as a $10,0000 fine.
Assaults that utilize firearms carry similar penalties for those involving other deadly weapons or instruments, but they carry a minimum six-month sentence of incarceration.
Attempting to navigate any criminal proceedings can be confusing, frightening, and stressful. Being uncertain of the outcome of your charges and the impact that it could have on your life tends to result in a very stressful situation. A Dublin assault lawyer may be able to answer your questions, calm your concerns, and work with you to achieve a more favorable resolution to your case.
With a strong legal advocate on your side, you may feel more confident about your future. Contact an attorney today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
