Sacramento Assault Lawyer
You could face jail time and steep fines. A Sacramento assault lawyer can help build your defense, challenge the allegations, and work toward the best possible resolution.
Were you involved in a heated argument that escalated to a physical confrontation? Or maybe you were defending against an aggressive situation and are now facing assault charges?
We understand that situations like these are rarely straightforward; that’s why our legal team focuses on defending individuals facing assault charges.
The circumstances leading to these charges can be nuanced, but the consequences are undeniably life-altering.
Whether you’re dealing with the aftermath of an arrest, worried about your family’s future, or facing legal consequences, you have the right to a fair and just outcome.
Contact our Sacramento assault lawyer today for a consultation.
Assault & Battery Charges in Sacramento
In Sacramento, the legal definition of assault is outlined in California Penal Code §240. It describes assault as an unlawful attempt, coupled with a present ability, to commit a violent injury to the person of another.
To break it down further, for someone to be convicted of assault, the following elements must be met:
- Commit an act that was likely to result in the application of force to another person.
- Commit that act willfully.
- Be aware that the action taken would likely result in the application of force.
- Have had the ability to apply such force to the other person.
This definition underscores that an “application of force” can encompass various forms of harmful or offensive contact. Even actions like spitting at someone, though not likely to cause physical harm, can be considered offensive and thus constitute an assault.
Penalties for Assault and Battery
A simple assault in Sacramento carries potential consequences of up to six months in county jail and a fine of up to $1,000. When it comes to simple battery, the penalties are similar, with a maximum fine of $2,000 and a potential jail term of six months. However, it’s important to note that these penalties may increase depending on the circumstances.
For instance, if the assault involved the use of a deadly weapon, you can potentially be sentenced to up to four years in prison, coupled with a substantial fine of up to $10,000.
The Thin Line Between Assault and Battery
Assault primarily involves the attempt or a threatening act to cause injury in a manner that instills fear of imminent harm in the other person. If physical contact occurs, the act transitions into a battery.
Battery, as defined in Cal. Pen. Code §242 involves any willful and unlawful use of force or violence upon another person. In simpler terms, an attempt to use force constitutes an assault, while any actual use of force, whether it’s actively harmful or offensive, falls under battery.
Statistics for Assault and Battery Crimes in Sacramento
Assault charges are among the most prosecuted crimes in Sacramento, according to Niche.com. Here, assault crimes happen at a rate of 481.8 per 100,000 residents compared to the national average of 282.7. While this doesn’t necessarily mean that Sacramento is more dangerous, it could mean that certain factors or local conditions contribute to a higher incidence of assault cases within the city.
While getting one of these charges is easy, they can be hard to shake. To mount an effective defense, it’s important to work with one of our experienced criminal defense attorneys at The Nieves Law Firm. As one of the largest criminal defense firms in the area, we have the resources to take on even the toughest assault cases.
Contact us today to start building your case.
Defense Resources for Assault Crimes in Sacramento, CA
When defending yourself against assault and battery charges, the best thing you can do is ask for help. Along with the help from an experienced criminal defense attorney, you can rely on these local resources.
Gordon D. Schaber Sacramento County Courthouse
If you’re facing assault charges in Sacramento, your case may be heard at Gordon D. Schaber Sacramento County Courthouse. You can visit the court’s website for information on court dates, criminal records, and court forms.
Gordon D. Schaber Sacramento County Courthouse
720 9th Street
Sacramento, CA 95814
Sacramento County Main Jail
Was your loved one arrested for assault charges in Sacramento? The Sacramento County Main Jail can provide information on criminal charges, visitation, bail, and more.
Sacramento County Main Jail
651 I Street
Sacramento, CA 95814
Jail Diversion Treatment and Resource Center
The Jail Diversion Treatment and Resource Center (JDTRC) is a comprehensive center that diverts individuals 18 years and older with mental illness, substance use disorder, and trauma from jails, providing them with mental health and substance use treatment, as well as trauma-centered services.
Beyond Assault Charges: Our Practice Areas
Assault and battery may often overlap with other criminal charges. At the Nieves Law Firm, we offer comprehensive and strategic defense against a spectrum of criminal charges. Our commitment to safeguarding your rights and future extends beyond assault cases.
We’re here to provide guidance and representation in a variety of legal matters, including:
- Domestic violence
- Drug charges
- DUI
- Fraud
- Gang crimes
- Gun crimes
- Juvenile crimes
- Sex crimes
- Theft
- Workers’ compensation fraud
With our legal team by your side, you can trust that we’ll tirelessly work to build the strongest defense possible, no matter the nature of the charges. We are your one-stop resource for legal support in Sacramento.
- Sacramento
- Elk Grove
- Citrus Heights
- Folsom
- Rancho Cordova
- Galt
- Isleton
- Antelope
- Carmichael
- Fair Oaks
- North Highlands
- Orangevale
- Rio Linda
- Florin
- Rosemont
- Arden-Arcade
- Foothill Farms
- Vineyard
- La Riviera
- Parkway
- Gold River
- Wilton
- Hood
- Courtland
- Walnut Grove
- Herald
- Mather
- Sloughhouse
- McClellan Park
- College/Glen
- 94203
- 94204
- 94205
- 94206
- 94207
- 94208
- 94209
- 94211
- 94229
- 94230
- 94232
- 94234
- 94235
- 94236
- 94237
- 94239
- 94240
- 94244
- 94245
- 94246
- 94247
- 94248
- 94249
- 94250
- 94252
- 94254
- 94256
- 94257
- 94258
- 94259
Charged With Assault? Contact The Nieves Law Firm Today
Facing assault charges is a serious matter, but you have the power to take control of your defense. It starts with a simple step – reaching out to us. We offer a confidential consultation where you can share your needs and concerns without judgment.
Your future and your reputation are at stake. By taking action now, you’re taking the first step towards protecting your rights and securing the best possible outcome. Contact us today.
Defense Resources for Assault Charges in Sacramento
- 720 9th Street, Sacramento, CA 95814
- (916) 874-5522
- Mon–Fri: 8:30 AM – 4:00 PM
- 12500 Bruceville Road, Elk Grove, CA 95757
- (916) 874-1927
- Mon–Fri: 8:00 AM – 5:00 PM (Administrative)
- Mon–Sun: 24 hours (Custody Operations)
- 5770 Freeport Blvd, Suite 100, Sacramento, CA 95822
- (916) 808-0800
- Mon–Fri: 8:00 AM – 5:00 PM
Frequently Asked Questions
It is possible to have assault charges dropped or reduced, but it depends on the unique circumstances of your case. This often involves negotiation with the prosecution, presenting evidence, or demonstrating mitigating factors. Consulting with an experienced attorney is crucial to explore these possibilities.
If you’re arrested for assault, it’s important to remain calm and exercise your right to remain silent. Do not discuss the details of your case with law enforcement without an attorney present. Contact a criminal defense attorney in Sacramento as soon as possible to protect your rights and receive legal guidance.
While you have the option to represent yourself in a simple assault case or any case for that matter, it’s highly advisable to consult with and hire an experienced criminal defense lawyer. They can navigate the legal complexities, build a strong defense, and work towards achieving the best possible outcome, including potential charge reductions or dismissals.
There may be several defenses available in assault cases, depending on the circumstances. Common defenses may include self-defense, defense of others, accident, mistaken identity, or insufficient evidence. The most effective defense strategy will depend on the specific details of your case, which is why consulting with a skilled attorney is crucial to determining the best course of action.
