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Santa Barbara Assault Defense Lawyer

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Under California Penal Code 484, assault is the threat of or attempt to cause physical injury. A charge of assault is concerned solely with the threat. If a person attempts to hit another with a vehicle, this is assault even though the attempt failed and the intended victim was completely unharmed. Battery is charged when the assault is successful and some injury results.

Facing assault charges?
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Assault may be charged as a misdemeanor or a felony, and both have serious consequences in California:

  • Simple assault - Under California Penal Code Section 240, simple assault involves an attempt to commit a violent injury on another person. As a misdemeanor, simple assault can be penalized by extensive fines and fees and up to six months in jail. Charges and penalties can be enhanced for defendants with a criminal history.
  • Assault with a deadly weapon - Under PC 245, assault with a deadly weapon occurred with an individual commits assault with a deadly weapon or with some other means of force that is likely to cause great bodily injury. This charge can be prosecuted as a misdemeanor or felony, and is punishable by longer terms of imprisonment.

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Assault Defense Attorney in Santa Barbara

Anyone who has been arrested for a violent crime should be aware that a person is considered innocent until proven guilty. The burden of proof is on the prosecution, which means the prosecution must prove beyond reasonable doubt that you did assault another person. In the case of aggravated assault, the prosecution must prove that you used a deadly weapon to do so.

If the prosecution proves its case you could face a long incarceration in jail or state prison, enormous fines, probation, parole, community service, and other serious consequences. An experienced assault defense attorney can evaluate the charges and the prosecution's case in order to develop a defense strategy based upon the unique circumstances of your case.

At Lessem, Newstat & Tooson, LLP, we have handled over 200 jury trials and have obtained hundreds of dismissals on behalf of our clients. A criminal defense lawyer at our firm is prepared to fight on your behalf to protect your freedom and future.

Contact a Santa Barbara assault defense attorney for a FREE and confidential case evaluation if you are facing criminal charges.