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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Dublin Assault Lawyer

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.

Definition of Assault in Dublin

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.

Penalties for Dublin Assault

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:

  • Law enforcement officials
  • Firefighters
  • Emergency medical technicians and paramedics
  • Nurses or doctors providing emergency medical care

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.

Dublin Assault with a Deadly Weapon

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.

Contact a Dublin Assault Attorney for Advice

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.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer