Coachella Valley California Assault Attorney with Experience
California Penal Code §240, defines Assault as “An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Simply put, an assault is a threat of force or an attempted use of force (battery) on another person, which causes that person to feel “apprehensive” about or “in danger of” being harmed in some way because it was reasonable to believe the perpetrator could and would do it in that moment.
For whatever reason, you take a swing at someone; you do not intend to hit the other
person, you just want to scare them in to believing you mean business; you do indeed scare them. You have committed an assault.
The same is true if, when you take that swing, you do intend to hit them but you miss, and they are aware and feel apprehensive about being struck, you have committed assault.
Under California Criminal Law, an assault that is the result of an “attempt” to commit a battery, requires that the wrongdoer have the “specific intent” to commit the unwanted touching of a person.
Beware, actual injury is not required; simply intending to do harm and causing that sense of apprehension in the other person is enough for a finding of guilty.
If you or someone you care about in Palm Springs, Palm Desert, La Quinta, Indian Wells, Desert Hot Springs, Cathedral City, Indio, or anywhere else in the Coachella Valley are the subject of an investigation alleging a charge of battery or if charges of any assault crime have been filed, it is essential to hire a reputable criminal attorney as soon as possible.
Assault charges are often the result of silly disagreements and may not seem serious, they are. Any battery or assault allegation must be taken very seriously because they can result in immediate incarceration and a long list of other potentially devastating and life-long consequences.
In the state of California, assault charges may be either misdemeanor or felony
depending on the underlying facts and circumstances. Both charging levels expose defendants to significant jail time, excessive fines plus additional court fees & assessments, restitution to the injured party, court ordered counseling, probation or parole, and a permanent criminal record.
That “silly little” misdemeanor assault can also cause the loss of your driver's license, result in termination from your job, lead to the revocation of a professional license, and even strip you of your right to own and/or possess a firearm. The “silly little” misdemeanor can cause irreparable damage to your reputation.
If yours is a felony assault conviction, add prison time and parole to a very long list of life-changing negative consequences.
Most Common Types of Assault:
PC §241.2 – Assault on School or Park Grounds
PC §241.5 – Assault on a highway worker
PC §241.6 – Assault on a School Employee
PC §241.8 – Assault on a member of the United States Armed Forces
PC §243.5 – Assault on school property
PC §245(a)(1) – Assault with a Deadly Weapon
PC §245(a)(2) – Assault with a Firearm
PC §245(d)(2) – Assault on a Peace officer or Firefighter
Attorneys Who Handle Violent Crime Cases
Everyone at of the Law Offices of David J. Givot, PLC is committed to helping you get through this very difficult and incredibly stressful time. We know what to do to ensure that you are treated fairly and responsibly in a criminal justice system that does care about you or your life. We have worked hard to build a reputation for securing very favorable results in a wide variety of assaults cases.
We thoroughly investigate each case and provide clients with a defense strategy that is most likely to be successful. We stand ready to protect your rights and make sure you are treated honestly in court. Our common goal is to help you get the results you want and the freedom you desire.
Call David Givot directly at 760-610-6109 so we can begin to work together to build your defense and give you some peace-of-mind. Consultations are always free. We are available for weekend and evening appointments to make sure you get the attention you need and expect.