Top San Jose, CA Assault Lawyers Near You

Assault Lawyers | San Jose Office

1530 The Alameda, Suite 115, San Jose, CA 95126

Assault Lawyers | Palo Alto Office | Serving San Jose, CA

601 South California Ave., Palo Alto, CA 94304

Assault Lawyers | Sunnyvale Office | Serving San Jose, CA

800 W California Avenue, Suite 110, Sunnyvale, CA 94086

Assault Lawyers | Palo Alto Office | Serving San Jose, CA

1841 Page Mill Road, Suite 200, Palo Alto, CA 94304

Assault Lawyers | East Palo Alto Office | Serving San Jose, CA

1950 University Avenue, Suite 450, East Palo Alto, CA 94303

Assault Lawyers | San Jose Office

177 Park Ave, San Jose, CA 95113

Assault Lawyers | San Jose Office

3031 Tisch Way, Suite 300, San Jose, CA 95128

Assault Lawyers | San Jose Office

99 S. Almaden Blvd, Suite 600, San Jose, CA 95113

Assault Lawyers | San Jose Office

2570 N. 1st Street, 2nd Floor, San Jose, CA 95131

Assault Lawyers | San Jose Office

255 North Market St, Suite 170, San Jose, CA 95110

Assault Lawyers | Palo Alto Office | Serving San Jose, CA

1117 S. California Ave., Palo Alto, CA 94304

Assault Lawyers | Santa Cruz Office | Serving San Jose, CA

605 Center Street, Santa Cruz, CA 95060

Assault Lawyers | San Jose Office

45 East Julian Street, San Jose, CA 95112

Assault Lawyers | Santa Clara Office | Serving San Jose, CA

100 Saratoga Avenue, Suite 100, Santa Clara, CA 95051

Assault Lawyers | San Jose Office

1565 The Alameda, Suite 100, San Jose, CA 95126

Assault Lawyers | San Jose Office

1376 N 4th St, Suite 102, San Jose, CA 95112

Assault Lawyers | San Jose Office

300 South First Street, Suite 228, San Jose, CA 95113

Assault Lawyers | San Jose Office

2033 Gateway Place, 5th Floor, San Jose, CA 95110

Assault Lawyers | San Jose Office

37 E Hedding St., San Jose, CA 95112

Assault Lawyers | San Jose Office

111 N Market St, Suite 888, San Jose, CA 95113

Assault Lawyers | Mountain View Office | Serving San Jose, CA

2440 W. El Camino Real, Suite 700, Mountain View, CA 94040-1499

Assault Lawyers | Santa Clara Office | Serving San Jose, CA

2391 The Alameda, Suite 205, Santa Clara, CA 95050

Assault Lawyers | San Jose Office

950 South Bascom Avenue, Suite 1113, San Jose, CA 95128

San Jose Assault Information

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Lead Counsel Verified Attorneys In San Jose

Lead Counsel independently verifies Assault attorneys in San Jose and checks their standing with California bar associations.

Our Verification Process and Criteria
  • Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
  • Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
  • Annual Review Submit to an annual review to retain their Lead Counsel Verified status.
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Find an Assault Attorney near San Jose

The Average Total Federal Prison Sentence for Assault in California

88.32 months*

* based on 2019 Individual Offenders - Federal Court sentencing in California federal courts. See Sentencing Data Information for complete details.

Do You Need a Criminal Assault Attorney?

If you need to defend against criminal assault charges, a San Jose criminal assault lawyer can make all the difference. Assault charges are serious and no one should try and defend themselves without legal help.

The Crime of Assault

Since an assault can be both a crime and a tort, you can be held civilly and criminally responsible. Each state has its own definition of what the crime of assault entails and normally includes the victim apprehending some sort of harmful and/or offensive contact. It can also be when there is an attempted battery, but it was not successful.

What Are The Types of Assault?

The most commonly encountered forms of assault are simple assault, aggravated assault, verbal assault and sexual assault.

Simple assault refers to any violence, or threat thereof, which does not involve the use of a deadly weapon. One example of simple assault might be a fellow patron threatening to punch you in the face over a disagreement at a bar, and another might be getting involved in the fight that follows.

Aggravated assault is a more serious form of assault, and by definition involves the use of a deadly weapon. Someone threatening to kill you while brandishing a firearm could be found guilty of aggravated assault, for example.

Sexual assault occurs when an offender, without the consent of the victim, engages in any non-consensual sexual act. A bar patron groping another guest’s breasts without their consent would constitute an act of sexual assault.

Verbal assault is as it sounds, and is typically more of a societal infraction or grounds for a civil suit rather than a criminal case. While verbal assault may be part of a simple or basic assault charge (threats of violence, if credible, do constitute assault) it is not a criminal charge in and of itself.

What Are The Differences Between Felony and Misdemeanor Assault?

Assault can be charged as either a misdemeanor or a felony offense, based both on the jurisdiction as well as the severity of the alleged offense itself.

What was earlier described as simple assault is more commonly charged as a misdemeanor. A blow to the chest that left no lasting medical impression on the victim could be charged as a misdemeanor if the offender is a first-time offender. That being said, repeat offenders may see an instance that may have been afforded leniency by a court prosecutor escalated to a felony offense.

Instances of aggravated assault, however — even if not legally differentiated from assault or battery in a particular case — are almost always charged as felony offenses. Cutting someone with a knife, shooting someone with a gun or any other instance of serious physical violence which results in non-superficial bodily harm are instances in which felony charges are likely.

It should also be noted that assault and battery are commonly conflated, and some jurisdictions do not differentiate between the two. In jurisdictions that do delineate the two charges, battery typically requires that physical contact is actually made between the offender and victim during the offense, while assault does not require this element.

What Are The Different Degrees of Assault?

There are several different degrees of assault. Assault with intent to murder can result in imprisonment for a period of up to 20 years if convicted, while assault with a dangerous weapon can be penalized by up to 10 years behind bars. Simple assault can result in fines as well as a jail sentence of up to one year.

Many state courts treat assault under a difference of degrees. In some states, for example, an assault can be charged as a Class A misdemeanor, as a Class D felony or as a Class B felony. If you are charged a misdemeanor, you could be penalized with a fine, a jail sentence and probation for years. A Class D felony conviction could lead to incarceration, while a Class B felony conviction can result in a sentence of between three to 25 years imprisonment.

Why Do You Need a Defense Lawyer for Assault Charges?

If you are facing assault charges, whether felony or misdemeanor and at the state or federal level, it is highly advisable that you secure the services of an experienced criminal defense attorney.

Assault charges are taken quite seriously by courts, and a conviction will result not only in potential incarceration, hefty fines and restitution but also a criminal record. A skilled lawyer can help you navigate the options available to you and craft the best defense possible.

Do You Need a Criminal Assault Attorney?

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

If you need to defend against criminal assault charges, a San Jose criminal assault lawyer can make all the difference. Assault charges are serious and no one should try and defend themselves without legal help.

How an Attorney Can Help

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

Tips on Approaching an Initial Attorney Consultation

  • Use the consultation as a means of gaining a better understanding of your legal situation.
  • Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
  • Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
  • Determine how comfortable you are working with the lawyer and/or law firm.

Tips on Hiring an Experienced Lawyer with Assault Cases

The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

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