Do you need a Criminal Defense Attorney in Fresno? If you have been arrested or charged with felony assault, it is essential to obtain legal counsel for help right away.
What is Felony Assault?
Before discussing Felony Assault, it’s important to know that Assault is an attempt to commit a violent injury upon someone else. In order to be convicted of Assault, the following have to be true:
- The defendant acted in a way that would most likely result in the applying force directly to someone else
- The defendant acted willfully
- The defendant was aware that his or her actions would result in applying force to someone else
- The defendant was capable of applying force to someone else when he or she acted
You don’t have to touch someone else in order to be guilty of assault, only act in a way that would lead to applying force.
Felony Assault includes the following:
- Assault with a deadly weapon or instrument other than a firearm
- Assault with force likely to commit great bodily injury
- Assault with a caustic chemical
- Assault with a firearm
“Deadly weapon” is open to interpretation, and can include anything from a baseball bat, to a knife, or even a moving vehicle.
The potential penalties for Felony Assault (Penal Code 244-245) include some or all of the following:
- Incarceration time
- Up to $10,000 fine
Testimonials
“My husband and I have really had our ups and downs these past four years and it was helpful to watch your poignant YouTube video a few months ago where you described a story about never wanting to leave your clients behind. We appreciate that, believe me, as this whole journey has been unbelievably hard. Thank you for your continued support as we approach what will hopefully be the final chapter of my husband’s journey. I am hoping for the best of all outcomes.”
“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
“He is an amazing lawyer, I had a near impossible felony case and he helped me bring it down to a misdemeanor. Amazing personality and a kind human being!”
“I highly recommend Mark Broughton. His expertise, professionalism, and empathy in our complex case gave us the feeling of confidence. I cannot begin to show or say how much we are grateful to you. Mark Broughton, you are truly an Angel in disguise. Again Thank You!”
“I was charged with 2 felonies and was at risk of jail time, losing my job and my children, basically my entire life. Mark worked closely with me and… I was able to plead no contest to 1 misdemeanor.”
“I am forever grateful for what Mark has done for my me and my family.”
“Thank you Mark… for the excellent work you all did on my son’s cases and the on-going support you all showed my family and myself through this very difficult time in our lives.”
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Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Elements of Assault Charges
In order to be guilty of assault charges, certain elements have to be true.
Application of Force
The application of force means any harmful or offensive touching. Even the slightest touching can be considered assault if it is done in an offensive way. An injury does not have to occur with the application of force and it does not have to be direct; it can be done with an object.
Willfully
You have to have willfully touched another person to be charged with assault. Even if you did not intend to break the law, hurt anyone, or gain any advantage it can still be considered assault.
Actions could lead to application of force
If you didn’t intend to harm anyone, but you knew that your actions could lead to the application of force then assault charges apply.
The severity of the assault and/or weapons involved are what can elevate assault charges from a misdemeanor to felony assault.
Legal Defenses for Felony Assault
In order to use the self-defense legal defense all of the following have to be true:
- You reasonably believed that you or someone else was in danger of being assaulted or touched
- You reasonably believed that it was necessary to use force to defend yourself or someone else from that danger
- You didn’t use any more force than was necessary to defend yourself or someone else from that danger
You have to have willfully tried to touch someone or had the intent to do so to be guilty of assault. If you turned around suddenly and almost hit someone in the process, that is not assault.
It’s very easy to accuse someone of assault since there doesn’t have to be any touching or injury involved. False accusations come out of anger, jealousy, or possibly revenge. A good criminal defense lawyer will know how to get to the truth.
Have you been legally accused of committing felony assault? If you have been arrested or charged with felony assault, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.
Your Defense Attorney for Felony Assault
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Felonies, Federal Crimes, White Collar Crimes, Violent Crimes, Murder, Gang Crimes and Sex Crimes to name a few.
Your Defense Attorney for Felony Assault
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Felonies, Federal Crimes, White Collar Crimes, Violent Crimes, Murder, Gang Crimes and Sex Crimes to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
Other Qualifications:
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
