Facing any criminal charge is not something that should be taken lightly. However, when you’re facing an accusation of aggravated assault, it’s imperative to understand the implications of these charges. Unfortunately, these matters can be incredibly difficult to navigate, as many are unaware of what actually constitutes an assault offense. If you have been charged with aggravated assault in California, it’s imperative to understand what you must know about these charges. Keep reading to discover what constitutes an aggravated assault charge, the penalties you can face if you are convicted, and why working with an experienced Sacramento criminal defense lawyer is imperative to fighting the charges against you.
What Warrants an Aggravated Assault Charge??
First and foremost, in order to understand what warrants an aggravated assault charge, you must understand what constitutes assault. In California, someone can be convicted of assault when they attempt, with the present ability to inflict violent injury on another person. It is imperative to understand that you can be charged with assault even if you never make physical contact with someone. If you threaten to punch someone and raise your fist, but never actually swing, you can still face assault charges as it was an attempt with the ability to inflict injury.
As such, you can be charged with aggravated assault when there are circumstances surrounding your charges that “aggravate” or increase, the severity of the offense. Generally, if you commit assault with a deadly weapon, with a firearm, against a vulnerable victim, or inflict serious injuries, you can be charged with aggravated assault.
What Penalties Can I Face if I’m Convicted?
California is different than many states when it comes to prosecuting aggravated assault. In most states, an aggravated assault charge is almost always classified as a felony offense. However, in California, this is a “wobbler” crime, meaning it can either be charged as a misdemeanor or felony offense.
If your aggravated assault charge is a misdemeanor, you can face up to one year in jail. However, if you are charged with a felony aggravated assault offense, you can face a jail sentence of up to four years and fines of up to $10,0000. It is important to understand that if you are charged with assault with causing chemicals, this is always a felony offense.
In addition to facing legal penalties, an aggravated assault charge can follow you around for the rest of your life in the form of a criminal record that can impact your ability to maintain relationships, find employment, and even your right to bear arms.
When you are in legal trouble, it’s imperative to understand that you have the right to an experienced criminal defense attorney. At the Law Offices of Dale R. Gomes, our dedicated legal team will do everything in our power to help you navigate these complicated matters. Contact us today to learn how we can assist you during these difficult times.