A California aggravated assault charge can come unexpectedly. Sometimes people who commit aggravated assaults do so even without realizing it. If you are confused about the charges against you, concerned about consequences, and are not certain about what you should do, keep on reading. This blog looks at assault charges and what makes a California assault aggravated.
Understanding California Assault Charges
An assault is defined as a deliberate effort to cause bodily harm to someone else or a hostile, threatening, or intimidating act or remark that gives the other person grounds to worry about being attacked. This offense does not entail any physical touch. Assault with a dangerous weapon or using force capable of causing significant bodily harm are known as felonies.
In California, anybody who perpetrates a simple assault is usually charged with a misdemeanor, while some assault offenses might be prosecuted as either a felony or a misdemeanor at the prosecution's authority (these offenses are referred to as "wobblers"). If a simple assault charge is prosecuted as a felony offense, the court has the authority to lower the charges to a misdemeanor charge during the prosecution.
What is an Aggravated Assault?
An aggravated assault offense primarily bears a similar meaning as a regular criminal assault crime but with one exception: specific conditions have to be evident during the commissioning of this offense. These circumstances are referred to as "aggravating conditions," which are generally variables that tend to enhance the offense's gravity. Every state does have its set of regulations that define the sorts of factors that count as aggravating factors.
For instance, if an offender employs a dangerous weapon to perpetrate assault on someone's victim, the lethal weapon is the kind of element that enhances the criminal counts to the aggravated form of this crime. Another circumstance that could turn a simple assault into an aggravated crime is when the offender injures their victim who is deemed to be a disadvantaged individual in a legal sense, for example:
- An infant
- An expectant woman
- An elderly person
Furthermore, assaulting a law enforcement officer is yet another factor that will elevate the basic elements of this offense to the level of an aggravated assault charge. This is applicable even if a law enforcement officer is not viewed as being particularly weak in a legal sense; instead, it is probably because they uphold the rule of law.
Finally, aggravated assault is classified as a felony in most states, rather than a misdemeanor. As a result, an accused who is found guilty of aggravated assault will probably be subjected to penalties usually reserved for felonies, such as paying hefty fines and/or spending a minimum of one year, or possibly longer, in jail.
Aggravating Factors in a California Assault Charge
An aggravated offense is one in which there were additional circumstances present at the time of the purported offense. These extra elements must have elevated the gravity of the assault for it to be considered aggravated. For example, if a dangerous weapon was used, an assault is considered an aggravated offense. The offenses in this situation can carry greater punishment.
When an offense is classified as "aggravated," circumstances could get much worse. This is because aggravating circumstances raise the seriousness or liability of an offense, which means that the consequences of a conviction could be far more severe than they would be in the absence of aggravating circumstances.
Typically, aggravating circumstances have a damaging effect on the defendant. For example, if they are successfully prosecuted, they may result in a lengthy jail sentence. The Judicial Council as well as the Rules of the Court of California often establish and govern these elements. A defendant must be aware of the factors that can be used against them as well as how they could damage their case. They consist of:
Prior Convictions
If found guilty, a defendant who has a history of convictions could be subject to stiffer sentences from the court. If the offender has a history of more than 2 previous convictions, California's Three Strikes rule can increase the severity of a fairly insignificant offense.
Leadership Roles and Complexity
A court could consider a crime to be aggravated when the accused plays a significant function in the act, like a leadership position. Courts in California have the authority to take such responsibilities into account as aggravating circumstances. If an offender participated in a high level of preparation or sophistication, the court could potentially impose stiffer penalties.
The Victim's Vulnerability
If it is established that the accused's victim was vulnerable, the court could impose tougher punishments. A victim could be vulnerable in comparison to the offender or in accordance with an objective measure. An aggravating element can be, for instance, a violent act or a deceitful plot against the young or elderly.
Weapons
An aggravating circumstance is one in which a deadly weapon was used or was in the offender's possession at the time of the offense. The charges and punishments will probably be harsher if the criminal used a rifle to conduct the offense.
Assault versus Aggravated Assault
In light of the aforementioned details, it is understandable why aggravated assault counts are more serious than assault accusations. Aggravated assault indicates carelessness or a profound disregard for human life. Even though "aggravated assault" is not specifically defined under California law, the following offenses are more serious than simple assault charges:
Assault with a Deadly Weapon
As was already established, the felony crime of aggravated assault can be brought against an accused who utilizes a lethal weapon to assault someone else. The following are some categories of objects that could fit the criteria for "deadly weapons" under state law:
- Explosive objects
- Guns and other weapons
- Toxins, poisons, or other potentially harmful substances
- Knives, and other cutting tools
- Various weapons, like bats, clubs, brass knuckles, and nunchakus
- In some cases, an accused's hands or feet if they have received particular training (for instance, serves in the army, has a career in boxing, or has a black belt in certain martial art)
In jurisdictions that classify assault and battery as distinct offenses, it may not be relevant if an offender used a false or real weapon to threaten their victim. Consider the situation where someone thought the accused was aiming a real firearm, but it was only a toy. If the offender purposefully tried to give the impression that they were brandishing a real firearm, they could still be prosecuted and found guilty of aggravated assault.
Assault On a Woman, a Child, Or a Law Enforcement Officer
Perpetrating assault and violence against someone who shows certain characteristics might elevate this offense to aggravated assault charges, which is considered a felony. In such cases, instead of concentrating on if a lethal weapon or any other tool was utilized, the offense becomes more severe depending on the nature of the individual who is hurt.
Once more, aggravated assault charges will be brought against anyone who assaults or batters a minor, an expectant woman, an older individual, or a law enforcement officer.
When a person is accused of engaging in an aggravated assault against any one of these individuals, they are certain to be subject to felony-level penalties, such as a prison term.
Additionally, the offense becomes a felony charge when any of the individuals mentioned in this provision are considered vulnerable, helpless, or suffer severe harm as a result of the accused's actions. A court could take into account several elements while determining a fitting penalty, such as:
- How tall the victim is
- How much the victim weighs
- The gender of the victim; and
- The different capacities for self-defense or combat that both the offender and their victim have
Assault Using Corrosive Chemicals (Such as Vitriol, Caustic Acid, and Flammable Materials)
The offense of assault using caustic substances is described under California PEN 244. This code states that anybody who knowingly and maliciously dumps or tosses on another individual any vitriol, corrosive acid, flammable substance, or caustic substance of any kind, with the goal to damage or mar their body or flesh commits a felony crime under PEN 244.
The term "caustic chemical" refers to any material that can burn or damage living tissues. The word "vitriol" refers to a caustic chemical that includes sulfuric acid as well as other similar substances.
Additionally, the defendant must have acted purposely and deliberately to commit assault using caustic chemicals. This is the alleged mental state that must exist for the jury to find the offender guilty of breaking PEN 244.
According to California PEN 244, assault using caustic chemicals is a significant felony offense that might result in 2, 3, or 4 years in California state prison, fines of up to ten thousand dollars, and formal or felony probation.
Probation terms could entail regular sessions with a probationary officer, community service, as well as payment of compensation to the victim. The judge can also impose a protective order prohibiting you from being in contact with the victim as well as from being within a set distance from each other.
In contrast to several other more regular assault offenses, PEN 244 isn't a "wobbler," which means it can't be downgraded to a misdemeanor charge.
Penalties For Aggravated Assault Charges
If you have been accused of aggravated assault, your case will usually be prosecuted as a felony offense, and you should expect to spend time in prison. Depending on how severe your action was and if you do have previous convictions, you may receive prison time instead of probation
The length of your sentence will increase with the severity of the offense. You might spend up to a year in the county Jail even when you receive probation for a criminal offense. An aggravated assault charge is a serious issue. If you have been charged with this offense or any other related crimes, you should consult with a knowledgeable attorney immediately.
Be sure to tell the lawyer everything so that they can begin to take action on your behalf to minimize the damage and present you in the best light possible.
If you inflicted harm to another individual, you will certainly be obliged to make reparations. For instance, if someone loses a considerable amount of cash as a result of your acts, prosecutors feel it's their responsibility to ensure that the individual is reimbursed.
Anyone convicted of an offense in some California counties must additionally contribute to a fund known as the victim restitution fund. Every accused person who is found guilty in these counties contributes to a program that is set up for crime victims.
There are other alternatives, but they're only accessible in exceptional circumstances. Aggravated assault is an act that could gravely hurt another person and displays disrespect for other people.
Prosecutors and judges disapprove of the conduct and harshly penalize it. You would need to demonstrate that your actions were exceptional and that they are not within the scope of behavior that the consequences of aggravated assault are intended to guard against.
To place you in the most ideal position possible, your lawyer would make that argument for you. If you work to obtain a deferred entry of the judgment or participate in another relevant program, you might be capable of averting a prison or jail sentence
Defending Yourself Against Aggravated Assault Charges
You should arrange a meeting with a lawyer who is experienced in dealing with this kind of charge and provide them with all of the details of your case. You must offer them "the bad, the good, as well as the ugly," not just the details you deem important or that you believe would be helpful to you.
You must ensure that the lawyer has a complete understanding of what truly transpired in your criminal proceeding. There are arguments to defend against aggravated assault allegations, as there are many criminal charges, but your lawyer cannot conjure up those arguments out of pure nothingness.
The case's events and situations serve as the basis for the defenses. Because of this, it's crucial to provide your criminal defense lawyer with a thorough account of what took place so that they can make the argument on your behalf and ensure that every facet of your situation is taken into account. Make sure to state any defenses you may have if you can.
You should always have a lawyer present when speaking to the police. Particularly if it is a very major charge like aggravated assault, you should have prepared what you are going to be discussing with your counsel. It will be up to you and your lawyer to decide whether or not you both agree that speaking with law enforcement is in your best interests.
You should figure out what value you might obtain by talking. Working with the authorities is often not a good decision in matters involving the county or state. They do not exactly have a mechanism in place that encourages cooperation. In comparison to state settings, federal settings are more likely to benefit from cooperation.
It's always a smart option to have your lawyer there when speaking with the authorities, although in most cases, it is safe to say that it's not usually a good idea. If you are doubtful, you certainly want to ensure that you do not say anything. Inform the police that having your lawyer there will make you feel more at ease.
Do I Need Legal Representation for the Various Assault Charges?
With how often the word "attack" is referenced in mainstream culture, many individuals feel that assault is a basic, straightforward offense. This, nevertheless, is not a correct assumption. In reality, assault charges can be very complicated. The laws governing assault cases frequently differ between jurisdictions, and how they are applied can change depending on the specifics of a given case.
Therefore, hiring a competent criminal defense attorney for further professional counsel is extremely advised if you are fighting assault or aggravated assault charges. A skilled criminal defense lawyer will be equipped to conduct a legal investigation to determine whether you have any legal options for contesting the allegations against you.
Additionally, your attorney will be equipped to help you navigate the legal court system and even defend you before the court. Your attorney can also inform you of your constitutional protections as a defendant within legal provisions and ensure that your rights are upheld in court or when negotiating a plea bargain with the prosecution.
Last but not least, if the initial case has already closed and you want to either dispute the verdict or need counsel at your sentence hearing, your attorney can also help you with both legal processes.
Find an Criminal Defense Attorney Near Me
If you or your loved one has been accused of aggravated assault in Van Nuys, CA, you can get in touch with our attorneys at Leah Legal for a consultation. Our lawyers are available to advise you regarding your possible defenses, the need for more independent research, plea negotiations, motion preparation, and the probable outcomes of the case. Because each issue is fact-specific, we handle every case on a case-by-case approach while keeping the client's life circumstances and representation goals in mind. Call us today at 818-484-1100 to learn more about your options.