Fullerton Lawyer for Assault Defense
The City of Fullerton is home to thousands of students, and on weekends the bars and clubs are often very busy. Because people are drinking and having fun, it's only natural that you could accidentally find yourself on the wrong end of an altercation that leads to an arrest for assault. That's when you need to call Orange County criminal defense attorney Lauren K. Johnson at (949) 622-5522.
There are several different classifications of assault in California, each with its own definition and potential sentence. An experienced Fullerton assault attorney like Lauren K. Johnson will tell you that the law doesn't require an actual injury, and it's easy for people to be falsely accused and wrongfully arrested for this offense. Assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Simple assault is a misdemeanor offense that can carry a sentence of up to $1,000 in fines and jail time of up to 6 months. Simple assault usually occurs in two different instances: when someone attempts to inflict a serious bodily injury, or when they have done something which has put another party being in fear of being put at immediate risk of receiving a serious injury. An example of the first instance would be trying to hit someone with a dangerous object, but in the end, failing to actually make any contact with the other person. An example of the second instance would be seriously threatening someone that you were going to hurt them, or using convincing body motions to put them in a position of apprehension.
However, one might also be charged with a more serious assault charge, such as simple battery, assault with a deadly weapon, or assault with a firearm. An example of an assault with a firearm would be if someone were to point a gun at someone they were angry at. Because of their rage, they attempt to shoot the other party in an effort to scare them, but not actually to injury them or cause any real damage to their body. Regardless of whether or not the other party was actually injured by the weapon, this circumstance would be considered assault with a firearm. These offenses carry much stiffer penalties, especially if the assault took place on school grounds, if the alleged victim was a public transportation driver, or if the assault was on a police officer. If the assault was on a police officer, then there are certain elements that must be present. For example, the person must have had bodily contact with the officer in a way that was destructive or offensive, while being aware of the fact that they were on on-duty officer, while the officer was performing their duties. If an injury is actually inflicted, then the charges are then elevated. Some examples of injuries are being knocked unconscious or having one’s bones broken.
Orange County assault lawyer Lauren K. Johnson understands how to investigate and defend these types of assault charges. Before the prosecution can convict you, they must prove beyond a reasonable doubt that the crime took place and that you committed it. They must also prove that you acted "willfully," that you were "aware," and that you had the "ability," Therefore, if you've been charged with assault, call the Law Office of Lauren K. Johnson at (949) 622-5522.