When faced with a threat, most people will experience the biological “fight or flight” reaction. If you choose to stay and fight, the last thing you expect is to end up in handcuffs facing an assault charge, especially if you are the victim in these matters. If this reflects your circumstances, understanding whether or not you can claim self-defense in these matters is critical. The following blog explores assault charges further and how this defense can assist you. You’ll also discover the importance of connecting with a Sacramento criminal defense lawyer who can assist you during these legal matters.
What Constitutes Assault?
In California, you can face an assault charge if you make an attempt and have the ability to inflict injury on another person. It’s imperative to understand that, contrary to popular belief, you can face an assault charge even if you never physically touch the victim. Making threats or presenting a threat of violence is enough to warrant charges. For example, if you threaten to hit someone and are in close proximity, even if you never swing, you can face an assault charge.
If you are charged with assault in California, it’s important to understand that the penalties you face will depend on the charges against you. For example, if you’re facing a simple assault offense, you’ll be charged with a misdemeanor offense. If convicted, you can spend up to six months in jail. However, if you commit aggravated assault, you face a wobbler crime. This means it could be charged as either a felony or a misdemeanor, depending on the circumstances of the crime. If it’s charged as a felony, you’ll face up to four years in a state prison.
Can I Claim Self-Defense if Charged with Assault?
One of the most common defenses defendants use when they are charged with assault in California is that they were acting in self-defense. This is an affirmative defense, which essentially means that you admit to the act but that it was justified. When faced with a threat, most people will take the necessary measures to defend themselves or others in these matters. Generally, if you can prove you had a reasonable belief that you were in imminent danger, took reasonable force to prevent harm, and believed that force was necessary to protect yourself, this defense may be able to work.
In California, you are generally able to act in self-defense when faced with danger like rape, robbery, assault, domestic violence, or murder. However, it should be noted that there are circumstances in which self-defense is not a valid legal argument. If you are committing a crime at the time of the attack, like robbery, you cannot claim that you were trying to protect yourself. Additionally, if you are trespassing or you initiated the fight, self-defense is not a valid claim.
When you are charged with a crime like assault for defending yourself, ensuring you take the necessary steps to protect yourself is critical. This includes working with an experienced criminal defense attorney from the Law Offices of Dale R. Gomes. Our team understands how frustrating these matters can be, which is why we will examine your circumstances to determine the best course of action for your case to help you fight for the best possible outcome. When you need help, don’t hesitate to contact our competent team.