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Assault Charges in Modesto, California

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Under California Penal Code §240 (2011), assault occurs when an individual makes an "unlawful attempt" to commit a violent injury upon another person. It does not consist of simply making empty threats of violence, as one of the elements of the crime is that the threat must be coupled with a present ability to carry out an attack. This charge is often accompanied with a charge of battery, which consists of a "willful" use of force or physical violence against another person. In order to have you convicted on the charges, the prosecutor must be able to prove beyond a reasonable doubt that you committed all the elements of the crime.

Why Choose Our Assault Defense Lawyer?

  • Results in hundreds of defense cases
  • Affordable, flexible payment plans available
  • Dedication, experience, and insight
  • Free, no-obligation case evaluation to review your options

There are, fortunately, proven strategies for defending against charges of assault. One of the first questions to raise is whether you might have been acting in self-defense. In many cases of assault, the police arrest the wrong person based on false allegations, and if this is true in your case it may be possible to have the charges dismissed or to secure an exoneration.

Call (209) 529-7406 or request your free consultation online now!

What are the penalties for assault?

The sentence you could receive if convicted on assault charges depends on a number of factors, including the identity of the alleged victim, whether the crime occurred in a school or public park and whether you are accused of carrying a deadly weapon at the time of the assault. For example, you can be subjected to harsher penalties if you are charged with committing an assault upon a police officer, a firefighter, or an emergency medical technician.

Simple assault is a misdemeanor, punishable by up to six months in jail and a $1,000 fine. If you are charged with aggravated assault, also referred to as assault with a deadly weapon, you are at risk of being convicted of a felony, fined up to $10,000 and sent to prison for up to four years.

Reliable Defense from a Modesto Criminal Defense Lawyer

Contact us now at Scott Mitchell Law Incorporated to discuss the circumstances of your arrest in a free and confidential consultation. A Modesto criminal defense attorney from our firm is ready to take immediate action on your case.

Fees and Payments

Here at Scott Mitchell Law Incorporated, when it comes to fees and payments, we strive to be flexible with clients who are seeking legal representation. We offer payment arrangements, flat fee contracts, and traditional retainer agreements. We understand legal representation is necessary for all, and yet difficult for most to pay the fees all at once. Although we cannot guarantee that everyone will be able to hire us, we do promise to do what we can to make it possible for you to hire one of our attorneys to represent you.