Are you facing assault charges in Los Angeles?
Assault is defined under California Penal Code Section 240 as any unlawful and willful attempt, coupled with the ability, to apply violent force to another person. This statute is commonly referred to as “simple assault” and is always charged as a misdemeanor.
People often use the term “assault and battery”, however assault and battery are actually two separate crimes, and carry different punishments. Battery, under California Penal Code section 242, is the unlawful application of force or violence on another person.
If you are facing assault charges in Los Angeles, or surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.
Los Angeles Criminal Defense Lawyer Miles Booth
How does the prosecution prove that I am guilty of Assault?
CALCRIM 915 lays out the elements that the prosecutor must prove for you to be found guilty of Assault in California. To be convicted of assault under Penal Code Section 240 the prosecutor must prove beyond a reasonable doubt that you;
- Committed an act that would directly and probably result in the application of force to another person,
- When you acted you were aware of facts that would lead a reasonable person to believe that the act would probably result in the application of force to another person; AND
- You had the ability to apply force to the other person; AND
- You did not act in self defense
Lets take a closer look at how the court defines these elements;
You act willfully when you commit the act on purpose or willingly. There is no requirement that you intend to hurt anyone.
Application of force means touching in a harmful or offensive manner.
How can I defend myself against Assault Charges?
Being charged with assault can be shocking, especially if it is the result of a minor conflict an no one got hurt. A Los Angeles criminal defense attorney can help. Some of the most common legal defenses to an assault charge are that;
- You acted in self defense
- You were falsely accused
- You did not act willfully
- You did not have the actual ability to inflict force on the other person
Additionally, assault cases sometimes do not have any witnesses. This means that if the accuser is unwilling to testify, and fails to respond to the court’s subpoena, the District Attorney may be unable to prove the case at trial, resulting in a dismissal.
Just because you have been accused of assault does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.
What are the Penalties for Assault?
California Penal Code section 240, assault, is a misdemeanor, and a conviction may result in up to;
- 6 months in county jail,
- A $2,000 fine, and/or
- Misdemeanor probation
Felony assault with a deadly weapon is charged under California Penal Code Section 245 and carries much harsher penalties.
Contact Los Angeles Criminal defense attorney miles booth
Facing assault charges can be overwhelming. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.
As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.
To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.
- Assault with a Deadly Weapon
- Attempted Murder
- Voluntary Manslaughter
- Criminal Threats
"Miles was an excellent resource and amazing attorney. He is honest, and extremely professional. He got several of my cases dismissed, and takes his time with his work. I would recommend him to anyone looking for someone awesome."
“He was God sent! He worked on my case diligently....updating me with every single detail...
telling me not to stress and just leave everything to him. He never failed to answer all the
questions I asked him...explaining terms I didn't understand. Then I got the good news, the case was closed!
For the first time, I had a good night sleep and woke-up late! I'm back to living a normal life...sleepless nights are over...no stress...no more worrying about the case. This is all because of you, Miles, thank you so much!”
Miles is intelligent and knows the inner workings of the Judicial System. He is very professional and savvy.
He gives much thought to his cases and more importantly to his clients.
He is accessible and responsive when communicating, and always makes time for my phone calls and promptly returns emails. Five stars is not enough for Miles.
Criminal Defense Lawyer
Contact Miles Booth
Los Angeles Criminal Defense Lawyer
424 272 1134Email:
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Santa Monica, CA 90405
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