Jo-Anna Nieves
Founding Attorney
Sacramento Assault Lawyer
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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.
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:
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.
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.
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.
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.
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.
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
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
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.
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:
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.
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.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
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
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.
