Understanding the Different Degrees of Assault Charges in San Diego, California

Posted on: October 8th, 2024 by Dod Law

Assault Charges in San Diego

The broad definition of assault accuses an actor of an unlawful attempt – successful or otherwise – to do violence to another person. However, there are categories of assault that California’s criminal courts have to take into account.  Learn more about the different degrees of assault charges in San Diego.

Parties accused of assault may face specific charges for simple assault, the assault of an officer or emergency personnel, assault and battery, or assault with a deadly weapon. All of these charges can have a considerable impact on your personal and professional future if left uncharged. Fortunately, a criminal defense attorney from Dod Law can help you recover.

The Degrees of Assault in San Diego

There are multiple types of assault to understand, including:

Simple Assault

A charge of “simple assault” can see you accused of:

• Intimidation
• Specifically hiding a needle on your person
• Accidentally or negligently causing injury to another person
• Recklessly attempting to do bodily harm to another person

Simple assault usually sees an accused individual face a misdemeanor charge. That charge comes with a risk of up to six months in jail and fines of $1,000. 

Assault of an Officer or Emergency Professional

No one in the state of California may take violent action against a police officer, emergency responder, or other emergency professional. This means that no one may punch an officer, threaten an officer, or even negligently do harm to a police officer.

Anyone accused of assaulting an officer or protected emergency professional may face misdemeanor assault charges. The severity of that charge may increase if the person in question has a deadly weapon or is known to have a mental health condition that impacts their understanding of reality.

Assault With a Deadly Weapon

The term “deadly weapon” describes any socially-recognized weapon that can be used to do harm to another person. Some of the most common forms of deadly weapons include knives and guns. However, there are other illegal weapons that can see someone charged with a crime, including the following:

• Butterfly knives
• Nunchucks
• Martial arts weaponry
• Misused baseball bats

Even improvised weapons can constitute “deadly” weapons in the eyes of the law, such as pencils, kitchen knives, and glass bottles. However, an experienced criminal defense attorney can challenge accusations of assault with a deadly weapon if the police overextend the definition of “weapon.”

Assault and Battery

The charges of assault and battery tend to go hand in hand. In reality, California recognizes these as two separate crimes. As mentioned, “assault” describes either the threat of harm or the actual action of harming another person. The term “battery” describes the actual use of prohibited force against another person.

You may find yourself contending with accusations of assault and battery if officers believe that you first threatened a person, and then acted on those threats. The specific consequences you face as a result of an assault and battery charge will vary depending on your circumstances and criminal history.

How to Defend Yourself Against Accusations of Assault

You have the right to argue against the assault charges brought against you. We recommend that you do so with the help of an experienced criminal defense attorney in San Diego, CA. Our team can generate a defense that suits your specific circumstances, thereby arguing that:

• You don’t have the ability to intimidate someone
• The alleged victim misinterpreted your alleged assault
• You acted in self-defense or in the defense of others
• You’re facing false accusations

You have the right to request representation from Attorney Dod immediately upon your arrest. Don’t let your alleged victim get out ahead of you. Let’s work together to challenge your assault charges and protect your future.

Attorney Dod Can Help You Challenge Assault Charges | Assault Charges in San Diego

If you’re struggling to overcome recent charges of assault, get in touch with a criminal defense attorney who knows his way around a California courtroom. You can book a free defense evaluation with Attorney Dod within hours of your initial arrest. 

Attorney Dod wants to make it as easy as possible for people falsely accused of assault to get their lives back on track. Call us at our downtown San Diego office (619) 814-5110 | Santa Ana, Orange County office 949-681-7020  | Vista office (760) 814-6025 or schedule an appointment by filling out our online contact form to discuss the best way forward.