Under state law, assault and battery are two distinct criminal offenses with separate punishments. Assault largely is a violent crime that can result in severe penalties under state law. If you have been accused of inflicting, or threatening to inflict, harm on another, contacting a Martinez assault lawyer could be a valuable part of your defense.
Depending on the nature of an assault, you could face misdemeanor or felony charges. A crime of violence on your record can be damaging to your reputation and ability to find employment. A knowledgeable criminal attorney could explain the full implications of an assault conviction and assist you in building a strong defense.
Although some state laws refer to assault and battery as the same crime, assault is distinguishable from battery under California law. Assault can include actions that may result in a battery or that are an attempt to commit a battery, but physical contact and injury typically do not occur.
California Penal Code § 240 states that assault occurs when individuals take unlawful actions designed to cause violent injuries to others, and when he or she has the apparent ability to carry out the actions. Assault does not typically result in physical harm to others. Instead, it usually involves threats to cause violent injury to others.
Under Cal. Pen. Code § 241, the first conviction for assault can result in a six-month jail sentence, a maximum fine of $1,000, or both. Individuals may also face orders to complete community service or an educational course at the discretion of a judge. In some cases, however, even a first-time assault conviction can result in harsh penalties.
If someone is accused of assaulting someone engaging in certain occupations, the penalties can escalate. These occupations include:
Other occupations that can result in more severe penalties if they are subject to an assault include lifeguards, process servers, traffic officers, and search and rescue team members. When these types of individuals are involved in an assault, the accused persons can face up to one year of incarceration and a fine of up to $2,000. An assault lawyer in Martinez could work to minimize these potential consequences.
A more severe assault offense occurs if individuals commit assault with a deadly weapon. Under Cal. Pen. Code § 245(a)(1), assault with a deadly weapon may be a misdemeanor or a felony, depending on the circumstances. These charges can result in a prison sentence ranging from one to 12 years depending on the type of weapon used.
For example, if individuals commit an assault using a deadly weapon other than a firearm, they may face a prison term of one to four years, in addition to a $10,000 fine. However, if individuals use a machine gun or an assault weapon to commit an assault, they could face four, eight, or 12 years in prison under Penal Code section 245(a)(3) and up to 9 years in prison for an assault with a semiautomatic firearm. Enlisting the help of an experienced attorney in Martinez may the most effective means of fighting back against assault charges.
An assault conviction can have various unwanted repercussions for your personal and professional life. Fortunately, defenses and other mitigating factors may be available to you.
However, without the help of a Martinez assault lawyer, you may be unable to raise these issues successfully. By relying on your legal advocate, you may have a better chance of a positive result in your case. Call now to learn more.
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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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!