Huntington Beach Assault Lawyer
Huntington Beach is known for its sand, sun, and a laid back lifestyle more than anything else. But even though it is a safe community, arguments happen everywhere. And sometimes arguments can cause allegations of assault, even if there has been no physical contact. In Huntington Beach in 2010, there were 306 incidents of aggravated assault. If you find yourself involved in a situation like this, the Huntington Beach assault lawyer at the Johnson Criminal Law Group has experience in defending assault charges in California and can assist you with your case.
Penal Code section 240 in California defines assault as an unlawful attempt, coupled with the present ability, to commit a violent injury on the person of another. People often confuse assault with the separate, but often related, crime of battery, which is the actual unwanted physical contact. Assault is a crime which doesn’t require physical contact or injury. Many consider battery to be the completed action of assault where physical contact is involved and carried out. Even if someone’s actions aren’t particularly forceful, as long as the physical contact is considered by the victim to be offensive to them it can be considered to be battery. The key difference between your average heated argument and assault is the likelihood of resulting to the application of force in that moment.
An example of a situation where someone would rightfully be charged with assault would be a situation where someone, while engaged in an incredibly heated argument over their disagreeing viewpoints with someone else, were to raise their hand and slap the other party in the face. This may be classified as simple assault, as opposed to aggravated assault. Aggravated assault, on the other hand, is a more severe crime and therefore, has more severe penalties. It is a felony. An example of a situation where someone would be charged with aggravated assault would be a situation where someone were to commit assault but with a deadly weapon. For example, a man gets into an altercation with someone and it elevates to the point where he pulls out a firearm and points the gun at the other party and threatens to shoot him. Aggravated assault can also be charged when it involves someone in a protected environment where they should be taken care of by the person that violated them, such as with an elderly person at a hospital or a child at a daycare. For example, if an older person at a hospice were to be hurt by one of the nurses or a medical practitioner that would be considered aggravated assault.
If you find yourself charged with assault, Huntington Beach assault lawyers are familiar with the various defenses to the crime of assault, and how to use these defenses most effectively before a jury. Self-defense is an example, as the law allows you to defend yourself in an altercation with another person.