What You Need to Know if You’ve Been Charged with Assault

Being charged with assault can be frightening and overwhelming, so it’s crucial to gather all the information about what you need to know if you’ve been charged with assault. Knowledge is power, and it can make a big difference to how you get through this stressful experience.

Assault charges carry serious consequences that can affect your freedom, reputation, and future. Whether you’re facing a simple misdemeanor or a more serious felony, it’s crucial to understand the nature of the charges, what to expect in the legal process, and how you can defend yourself.

If you’ve been charged with assault, contact Mark Broughton today for a free consultation.

Types of Assault Charges

In California, there are several different types of assault charges, and the severity of the charge depends on the circumstances of the incident. In fact, there doesn’t even have to be an actual physical attack for someone to be charged with assault.

Here are the most common types of assault charges:

Simple Assault: This is the most basic form of assault and typically involves an attempt to harm another person without the use of a weapon or causing serious injury. Simple assault is usually charged as a misdemeanor.
Aggravated Assault: Aggravated assault involves the use of a weapon or results in significant injury to the victim. It’s often charged as a felony and can lead to much harsher penalties.
Assault with a Deadly Weapon: This charge applies when someone uses a firearm or other weapon capable of inflicting serious harm. Assault with a Deadly Weapon is a felony and can result in long prison sentences and heavy fines.

Understanding the specific type of assault charge you’re facing is important, as each comes with different potential penalties and legal strategies for defense.

What Happens Next: Timeline After an Assault Charge

After being charged with assault, it’s helpful to know what to expect as the legal process unfolds. Here’s a general timeline of what happens next:

Arrest or Citation. Depending on the circumstances, you may be arrested immediately or issued a citation to appear in court. If arrested, you’ll be booked at the police station, and bail may be set.
Arraignment. This is your first court appearance, where the charges are formally presented, and you’ll have the opportunity to enter a plea (guilty, not guilty, or no contest). If bail has been set, it may be revisited at this time.
Pretrial Proceedings. Next, during this phase, your defense attorney will begin gathering evidence, interviewing witnesses, and negotiating with the prosecution. There may be opportunities for plea deals, where you agree to plead guilty to a lesser charge in exchange for reduced penalties.
Trial. Then, if your case goes to trial, both sides will present evidence and arguments before a judge or jury, who will determine your guilt or innocence. Many assault cases are resolved before trial, but if necessary, your attorney will represent and defend you in court.
Sentencing. Finally, if you’re convicted, the judge will issue a sentence, which could include fines, probation, community service, or imprisonment. The sentence depends on the severity of the charge and any mitigating factors.

This timeline can vary depending on the specifics of your case, but having a clear understanding of the process can help you and your attorney develop an effective defense strategy.

Legal Defenses Against Assault Charges

If you’ve been charged with assault, remember that being charged is not the same as being convicted. There are several legal defenses against assault charges, including the following:

Self-Defense: One of the most common defenses in assault cases is that you were acting in self-defense. To succeed with this defense, you must show that you reasonably believed you were in imminent danger and used an appropriate level of force to protect yourself.
Defense of Others: Similar to self-defense, you may have acted to protect someone else who was in immediate danger. This defense may be used if your actions were necessary to prevent harm to another person.
Lack of Intent: Assault charges often require proof of intent to harm. If the incident was accidental, or there was no intent to cause harm, this could be a valid defense.
False Accusations: Unfortunately, false allegations are not uncommon in assault cases. Your defense attorney can investigate the credibility of the accuser and any potential motives for falsely accusing you.

An experienced criminal defense attorney can evaluate the specifics of your case and determine which defense strategies are most appropriate in your situation.

Why You Need an Experienced Criminal Defense Attorney

Assault charges can carry severe penalties, including jail time, fines, and a permanent criminal record. An experienced criminal defense attorney will protect your rights throughout the legal process.

An assault attorney like Mark Broughton can investigate the details of your case to uncover evidence that supports your defense. They also can negotiate with the prosecution to reduce charges or secure a favorable plea deal.

And, finally, if it comes to a trial, they will advocate for you in court, presenting a strong defense to fight for your acquittal or a reduced sentence.

Contact Mark Broughton for a Free Consultation

If you or a loved one is facing assault charges, it’s important to take action right now. Don’t wait and hope for the best.

Contact Mark Broughton for a free consultation to discuss your case and get the legal representation you need.

You can trust Mark’s decades of experience handling assault cases. He will work tirelessly to protect your rights and achieve the best possible outcome for your situation.

Call 559-691-6222 or click here to use our convenient online form to get legal help today.