Pasadena Assault Lawyer

Pasadena assault lawyer

If you're facing assault charges in Pasadena, CA, finding the right defense lawyer is important. Assault charges can have severe consequences, and the legal process can be overwhelming and confusing. 

Olen Firm Criminal Defense Lawyers specialize in defending individuals accused of assault. We are a premier law firm based in Pasadena that stands out for its dedication to protecting the rights of those accused of criminal offenses.

Learn more about what it means to be charged with assault below. Then, contact us to schedule a free case consultation.

Our Pasadena Assault Lawyer Protects Your Rights

Our Pasadena assault lawyer protects your rights

At Olen Firm, we know that every assault case is unique, and we approach each with the individual attention it deserves. Our experienced criminal defense attorney ensures your rights are protected during legal proceedings. We provide detailed, personalized legal representation that focuses on achieving your best possible outcome.

In your defense, we explore every angle and challenge evidence that may be questionable or unlawfully obtained.

Legal Definition of Assault in California

In California, the law defines assault as an attempt to injure another person violently. According to California Penal Code section 240, even the attempt to use force or violence against someone else can be charged as assault.

This definition does not require physical contact—merely the intention and ability to cause harm can lead to an assault charge. Knowing this legal framework is vital for building a robust defense.

Assault can be labeled as simple assault or felony assault. It all hinges on the facts of the crime. In general, there needs to be an application of force, some sort of intent, and a level of awareness. 

If the prosecution cannot prove these individual elements, they might not have a valid case. We could get your case dismissed or win in front of a jury. 

This means that the prosecutor must prove that you intended to apply a violent force that injured another person and that you knew what you were doing. We will fight hard to challenge this idea in court and defend your rights every step of the way.

Distinctions Between Assault and Battery

Assault and battery are often mentioned together, but they are distinct charges under California law. Assault refers to the attempt or threat to use force, while battery involves actual physical contact. Battery is covered under California Penal Code 242.

A person can be charged with assault without ever touching the alleged victim, but battery requires that the individual have made contact. It's important to know these distinctions because they highly impact the defense strategies we use.

Examples of Assault

Example of assault

There are several common examples of assault that people get charged with. Some of the most common examples include:

  • Threatening someone with a deadly weapon. Even if there's no physical contact, displaying a weapon in a threatening manner can be considered assault.
  • Swinging a fist during an argument. If you attempt to hit someone during a heated moment, it can lead to an assault charge.
  • Throwing an object at someone. Whether the object hits the person or not, the act of throwing it with intent to harm counts as assault.
  • Pointing a gun at someone. Even if the gun is not loaded, pointing it at someone is enough to be charged with assault.
  • Starting a physical altercation. Initiating a fight or physical confrontation can easily escalate to an assault charge.
  • Attempting to strike someone with a vehicle. Using a car or other vehicle as a weapon by trying to hit someone can be considered assault.
  • Threatening to harm someone in a public place. Public threats to harm another can also be categorized as assault, depending on the circumstances.

If you have questions about your case or your defense, we can help. Contact us today to speak to our team.

Common Legal Defenses for Assault

Depending on the case's specifics, several strategies can effectively defend against assault charges. These include demonstrating a lack of intent, proving self-defense, or showing that the actions were in defense of others. A deep awareness of the events and the applicable California law is important in these defenses.

Self-Defense

Claiming self-defense requires showing that you reasonably believed you were in immediate danger and that the force was needed to prevent that harm. It must be clear that the threat was immediate and that the force used was not excessive compared to the threat.

Defense of Others

Like self-defense, the defense of others allows you to justify your actions if you believe someone else is in immediate danger. This defense argues that the accused acted out of a necessity to protect another individual from harm, using only as much force as required.

Lack of Intent

In assault cases, proving a lack of intent can be a strong defense. This strategy involves showing no intention to cause fear or harm or that any threatening behavior was misunderstood or taken out of context.

Steps in the Legal Process

Steps in the legal process
  1. Arrest. Law enforcement arrests the individual based on probable cause that they committed an assault.
  2. Booking. After arrest, the individual goes through booking, where personal information and the details of the charges are recorded.
  3. Bail Hearing. A judge decides if the accused can be released on bail and sets the amount.
  4. Arraignment. The accused hears the charges and enters a plea.
  5. Preliminary hearing. The court determines if there is enough evidence to proceed to trial.
  6. Pre-trial motions. Lawyers can submit motions to suppress evidence or dismiss charges.
  7. Trial. If the case goes to trial, both sides present their arguments, and a jury or judge decides.

Potential Consequences of an Assault Conviction

The consequences of an assault conviction in California can vary widely depending on the circumstances of the case. 

Generally, assault can be charged as either a misdemeanor or a felony. Misdemeanor assault, which includes simple assault, could lead to fines and up to six months in county jail. Felony charges, such as aggravated assault, carry more severe penalties, including longer jail terms.

Specifically, if you are convicted of misdemeanor assault, you could face up to six months in the local jail and a fine of up to $1,000. 

Remember that the exact sentence you receive will depend on whether you are charged with a misdemeanor or a felony. You could also face probation in lieu of, or in addition to jail time.

If you are convicted of battery, you could face up to six months in local jail and a fine of up to $2,000. The exact penalty here also depends on the facts of the case.

The Benefits of Partnering With Our Pasadena Assault Lawyer

The Benefits of Partnering With Our Pasadena Assault Lawyer
  • Experienced representation. Our defense lawyer has extensive experience handling assault cases in Southern California, ensuring knowledgeable and competent legal representation.
  • Personalized defense strategies. We tailor our defense strategies to the specifics of your case, focusing on the best outcomes.
  • Protection of rights. We are vigilant about protecting your rights and ensuring that the legal process is fair and just.
  • Strong negotiation skills. Our attorney has strong negotiation skills that can lead to reduced charges or penalties.
  • Support through the process. We provide continuous support and guidance throughout the legal proceedings, helping you know each step.

FAQs

We know that you have questions if you are facing criminal charges associated with assault and battery crimes. Some of the most common questions we get asked about criminal cases include:

What should I do immediately after being arrested for assault in Pasadena?

Contact an assault lawyer as soon as possible, remain silent about the details of your case to the police or social media, and do not contact the alleged victim. Let our Pasadena battery attorney fight for you.

How can an assault lawyer help reduce my charges?

An experienced lawyer can challenge the prosecution's evidence, negotiate plea bargains, or argue for lesser charges based on the circumstances and your background.

What are the possible defenses against assault charges?

Defenses can include proving the act was in self-defense, you were defending someone else, or the incident was accidental and lacked criminal intent.

How long can an assault case last in court?

The duration of assault cases can vary widely, often lasting several months to over a year, depending on the complexity and the amount of evidence involved. We will keep you updated every step of the way.

Contact Our Pasadena Assault Lawyer for a Free Case Consultation

Contact our Pasadena assault lawyer for a free consultation

Facing assault charges is a stressful experience, but remember that you can ask for help.

At Olen Firm Criminal Defense Lawyers, we know this can be a confusing time, and we will fight for your rights. We provide each client with a customized defense. We have represented countless clients just like you, and now, we can provide you with a strong defense, too.

Contact us today to schedule a free consultation with our Pasadena assault lawyer. We would be proud to fight for you.

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