Call Us Today - It's Free! Text Us
Text Us

It is a mistake to believe that a misdemeanor assault charge should not be taken as seriously as a felony charge. A conviction of simple assault in Martinez could still result in a period of incarceration and substantial fines.

If you have been accused of threatening or attempting to cause another person harm, you should not hesitate to seek legal guidance. A dedicated defense attorney could review the facts of your case and help you build a strong defense against the allegations you are facing.

Elements of a Simple Assault Charge

Simple assault is codified under California Penal Code Section 240 and involves intentionally and willfully applying force to someone or placing him or her in fear of unwanted physical contact. The key factor in these cases is that simple assault is always charged as a misdemeanor in Martinez. Therefore, it lacks aggravating factors, such as the presence of a deadly weapon, that would elevate the crime to a felony.

Penalties for Misdemeanor Assault

The penalties for a simple assault conviction are six months in county jail, a fine of up to $1,000.00, or a combination of both. A person can also likely face additional penalties such as administrative fees, victim restitution, or counseling. It should be noted, however, that one penalty cannot replace another. For instance, paying a fine will not necessarily get a person out of jail time but an attorney can negotiate alternatives that prevent time in jail or lead to a dismissal. An experienced attorney in the area could further explain the implications of a simple assault conviction and the various options for resolution, trial, or dismissal.

While a misdemeanor charge is certainly less severe than a felony charge, it should by no means be taken lightly. A conviction of a misdemeanor assault would result in a criminal record which could be accessed by prospective employers and landlords. This could make it difficult for a person to obtain employment and housing.

Furthermore, any assault charge has social implications attached. Someone accused of attempting or threatening to commit harm to another person could see his or her reputation tarnished, which can be difficult to undo, even with an innocent verdict.

Litigation Process for Simple Assault

People being charged with simple assault in Contra Costa County will likely have their case heard in the superior court in Martinez. These cases are generally jury trials consisting of 12 jurors. In misdemeanor cases, parties can agree to less than 12 jurors.

A district attorney must prove beyond a reasonable doubt to the jury each element of the charge, provided there are no other charges as well. If there are additional charges, the DA will need to prove beyond a reasonable doubt for every element of each additional charge.

For a verdict or guilty or not guilty to be reached, the jury needs to all reach a unanimous agreement the outcome of the case.  If the jurors cannot unanimously agree, the jury will be considered a hung jury resulting in a mistrial and the defendant will not be convicted. It is the role of the prosecution to prove the case beyond a reasonable doubt.  A defendant’s attorney can point to reasonable doubts that exist within the case by finding weaknesses in the prosecution’s arguments or putting on an affirmative defense like self-defense.

A Martinez Attorney Could Defend Against Simple Assault Charges

If you were accused of committing simple assault in Martinez, you should act fast to defend your reputation and your freedom. A misdemeanor offense may result in jail time and fines and a criminal record that could have implications on your future prospects.

Therefore, you should enlist the services of an accomplished defense attorney from the area to represent you. If you wish to learn more about what an experienced lawyer could do for you, call our office today. Your first consultation is always free.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

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 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.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

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.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts