An accusation of Penal Code 245 assault comes in all sorts of varieties, ranging from a simple misdemeanor to a violent felony that is called a strike.
Sometimes an assault involves the use of force likely to cause great bodily injury, while other times it may involve the use or discharge of a weapon like a knife or a gun.
If you are charged with a violation involving an alleged assault, you should have the benefit of an experienced and reputable criminal defense lawyer.
How the Defense Lawyer Helps His Client
If the case has been filed as a felony or a misdemeanor, then the person and his or her defense attorney should meet in order to plan a strategy with clearly defined goals. Every person and every case is unique.
There are many ways to defend an accusation involving assault. The right defense will depend upon the circumstances of the case.
The most common defenses are as follows:
- Self defense
- Defense of another
- Defense of property
- Justification
- Lack of criminal intent
- Lack of corroboration
- Insufficiency of the evidence
- Witness motive to fabricate
- Lack of proper identification of the accused
- Violation of Miranda right to remain silent
- Civil compromise
Resolving an Assault Case
Plea Bargain: Many times an assault case can be successfully resolved or settled prior to trial if that is the common goal of the accused and the attorney.
This process is typically referred to as plea bargaining and takes during court. The plea bargain designed to benefit the client by dismissing or reducing the charges, avoiding time in custody, and agreeing to other terms and conditions of probation.
A plea bargain is approved by the client, the client’s lawyer, the prosecutor, and the judge.
Jury Trial: Sometimes it is necessary to go to trial in order to prove that the accused is not guilty.
This process includes selecting a jury of 12 members of the community to listen to the evidence, opening and closing statements, direct and cross examination of witnesses, and presentation of exhibits and evidence.
The best type of defense to be used at trial depends upon the type of witnesses, whether they are police or civilians, whether there are photographs or videos, and the facts of the case.
The most common defenses are self defense, insufficiency of the evidence, and lack of motive.
More About the Process and the Law
The question of whether an assault will be filed as a misdemeanor or a felony will depend on the circumstances of the case. Some of the most common factors that the police and the prosecution will look at are:
• Was anyone injured
• Was there a weapon involved
• Were there witnesses to the incident
• Who was the victim
• Does the victim desire prosecution
• Who is the accused
• What is the background of the accused
• What statements did the accused make to the police
• Was there a justification for the assault
With these factors in mind, a person charged with assault has many options. If the case is still under investigation, a person should seek to gather helpful information as soon as possible to present to the prosecutor’s office in order to try to persuade the office not to file any charges.
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Murrieta – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon