How to Defend Against Charges of Assault
Assault in California carries serious consequences, regardless of whether it results in physical harm. California Penal Code Section 240 PC defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” For a judge to convict you with assault charges, a prosecutor must prove you deliberately acted with the intent to inflict harm onto another person.
Establishing the intent of physical violence requires comprehensive and clear proof. When facing severe repercussions for assault, working with the Aron Law Firm to build a solid defense strategy is vital to limit the potential penalties you face.
How to Defend Against Charges of Assault
For the prosecution to place assault charges on you, they must consider various elements and provide ample evidence of the assault. When you partner with Aron Law Firm, the firm will thoroughly analyze your case and advise you of your best options. Some examples of effective strategies in assault cases include the following:
Self-Defense
At the time of the incident, if you felt your actions were necessary to avoid suffering harm, you may use self-defense as an explanation for your actions. When using this defense strategy, the following will need to be showcased:
- You reasonably believed you were in danger
- You reasonably believed you were going to be unlawfully touched or hurt
- You reasonably believed immediate physical force was necessary to avoid a potential injury
- You exerted only the amount of force necessary to defend yourself against the present danger
If we are able to present evidence demonstrating the elements above, self-defense offers robust protection against the charges you face. Self-defense asserts you acted in response to a perceived threat of imminent harm and your actions were necessary to protect yourself.
Defense of Another
Apart from protecting yourself, the law also allows you to intervene in the defense of another person. The person you protect from harm could be anyone, including friends, family members, or even strangers facing a dangerous situation.
In these circumstances, regardless of the other party, you must establish the same requirements of self-defense. However, unlike with self-defense, you may have another person acting as a witness to the event to testify on your behalf.
Mistaken Identity
You may also face assault charges in situations wherein prosecutors have mistaken your identity. If you believe the court has accused the wrong person, whether you were incorrectly identified by an unreliable witness or through discriminatory profiling, the Aron Law Firm will work towards establishing a defense based on mistaken identity.
We will gather evidence and demonstrate to the court that you were not the person involved in the alleged assault. This evidence may include alibi witnesses, surveillance footage, documentation, or any other relevant information supporting your claim of being elsewhere during the incident.
Consent
When you and another person engage in consensual behavior, and either another person misinterprets the actions as a threat or the person you engaged with is accusing you of harm, you may work with the Aron Law Firm to prove your actions were consensual. While proving consent can be challenging, we have the resources and experience necessary to gather solid evidence on your behalf.
Communicating your needs and circumstances will help us better understand your case and the most strategic course of action. We understand the challenges that come from assault charges and will do everything in our power to protect you from repercussions.
Speak With the Aron Law Firm for Experienced Defense
With years of experience protecting the rights of California residents, the Aron Law Firm has the tools and resources to fiercely defend you throughout the legal process. We understand how frightening and frustrating assault charges are and will fight for the best possible outcome. We have countless positive testimonials and references from previous clients so that you may feel confident in our representation. Call us at (805) 618-1768 or fill out our contact form today.
EXPERTLY REVIEWED BY
William M. Aron
August 2, 2023
Former Deputy District Attorney William Aron received his Juris Doctorate from the Duke School of Law and has amassed 20 years of experience practicing law. Attorney Aron dedicates his practice to defending the accused, and is devoted to keeping his clients out of prison.
