Orange County Criminal Lawyers
Irvine Assault Lawyer
Irvine is a safe city, and its residents are proud of the low crime rate. But no place is immune to all forms of crime, and assault is a form of crime that can creep up anywhere people get in heated arguments or have misunderstandings. The Irvine assault lawyer at the Johnson Criminal Law Group has years of experience in defending assault charges in California courts.
California law has a provision on assault in the Penal Code section 240, which 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. 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 assault would be a situation where a woman were to get mad at her neighbor because she suspected him of stealing her property, and because of her frustration, attempts to punch or strike him with her hands. Before she could get the chance to do any physical damage, the man ducks and narrowly escapes by sprinting to his home. Although the woman did not actually come into physical contact with the victim, this would be considered assault. Battery, on the other hand, is when there is physical contact involved. This contact can range anywhere from a simple shove to a full blown beating; as long as there is offensive contact involved, it can be considered battery. An example of battery would be a situation where a man hits another man in the face because of a disagreement over their business relations. Both assault and battery are different, but are similar in the sense that they are both very serious crimes that are accompanied by very serious consequences.
Irvine assault lawyers know that there are defenses to the crime of assault that can be effective when used properly before a jury. Self-defense is perhaps the most well-known. The law provides for you to defend yourself in an altercation with another person. In order for self-defense to be used as an argument, there must be a reasonable belief that you were in immediate danger and therefore, had to have acted the way you did in order to protect yourself. An example of a situation where self-defense could be used as an argument would be where a woman, while at home, is threatened by someone that broke into her house to hand over her valuables or he will kill her. In order to protect herself, the woman strikes the perpetrator and shoots him with her gun. Because of the circumstances, she would not be convicted despite her actions.