Top San Jose, CA Assault Lawyers Near You

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.