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San Diego's Aggravated Assault Attorneys Defending Clients Against Serious Charges

Committing violent acts or attempting to hurt someone else is against the law and can result in criminal charges. However, it’s not always a black-and-white issue. There may be extenuating circumstances that cause someone to fear for their life and act in self-defense, and in some cases, people are wrongly accused of crimes they didn’t commit. If you have been arrested for aggravated assault or a similar crime like battery, you can find out what this charge means and get more information on your options below.

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What Is Aggravated Assault?

Aggravated assault is defined by the California Penal Code as unlawful violent injury of one person by another. Aggravated assault is a more serious crime and means that there were extenuating circumstances in the case that indicate that a more severe sentence may be warranted. One of the most common things that can increase a charge to aggravated assault is the use of a deadly weapon.

Many people confuse assault and battery, and it’s important to understand the difference if you’re being charged. While assault is an attempt to cause injury, battery means that the injury was actually caused. There is also the potential of aggravated battery if there are extenuating circumstances.

It can be helpful to look at some examples. If someone attempts to hit someone else with their fists, that would be a simple assault. If someone attempts to stab someone with a knife but misses or has the weapon taken from them in the fight, that could be an aggravated assault charge. If the person stabs the other person with the knife, it could be aggravated battery or even attempted murder, depending on the circumstances.

Is Aggravated Assault a Felony or Misdemeanor?

Aggravated assault can be charged as either a misdemeanor or a felony. If you don’t have a history of previous violent offenses or there were no injuries caused to the other party in the attempt, it is more likely to be charged as a misdemeanor. However, if there was a firearm involved, there were injuries sustained, or you have a previous criminal record — especially of other assault or battery attempts — this could make it more likely to result in a felony charge.

Whether you are charged with a felony or misdemeanor can make a big difference in your case, including the defense strategies and potential sentence. The state of California has the three strikes law, which means that if you have two other convictions for a violent felony, a third felony conviction can make you eligible to be sentenced to life in prison. A defense attorney’s job often centers around getting charges reduced to avoid the potential of stacking up felony charges and negotiating for a reduced sentence.

Do You Have To Use a Firearm for It To Be Aggravated Assault?

There’s a common misconception that the only way to be charged with aggravated assault is to have used a firearm in the assault, but this simply isn’t true. A simple assault charge can be upgraded to aggravated assault for several reasons. While this does include using a firearm, it can also be from using anything that could be classified as a “deadly weapon,” using a caustic chemical, assaulting a police officer, or planning to commit a felony in the process of the assault.

While using or brandishing a firearm during any criminal activity has the capacity to increase the charges if you are arrested, you should never assume that a charge that doesn’t involve a gun will be “minor” or “simple.” If you have more questions about the difference between assault and aggravated assault or aren’t sure which charge you’re facing, a criminal defense attorney can help.

What Are My Defense Options?

Facing aggravated assault charges can be scary, and it’s true that these crimes come with significant sentences — especially if you are charged with a felony. But there are various defense strategies that are available to you. The right one for your case depends on the nature of the charges and the surrounding circumstances, so it’s always best to consult with an attorney about what your options are and the pros and cons of each before deciding on a strategy. Here are some common aggravated assault defenses:

  • Innocence: If there is reasonable doubt that you committed the crime, you may be able to argue that you weren’t the person responsible or that the alleged crime didn’t actually occur.
  • Self-defense: The law allows you to defend yourself if you are threatened or are in fear for your life or safety. If a reasonable person would have felt the same way in the situation, you may have grounds for a self-defense argument.
  • Lack of intent: Because assault is defined as attempting to inflict injury or harm on another person, there is an aspect of intent involved. If it was an accident or you were otherwise unable to have the intent to harm, it can work in your defense.

While not specific defenses, your attorney may also rely on evidence that your rights were violated or that the procedures the police must follow regarding questioning and evidence weren’t done correctly. It may also be an option to plead guilty in exchange for a lesser charge or lower sentence, but this should be a carefully considered strategy. A criminal conviction follows you forever, and you must have a solid understanding of what it means to plead guilty and what the repercussions may be.

What Happens if I’m Convicted?

If you are convicted, there will be a separate sentencing hearing. At this hearing, both sides will be able to present arguments as to what they believe is an appropriate sentence. Unless a plea deal has been struck, the prosecution is likely to argue for a stricter sentence while the defense gives reasons why there should be leniency. Depending on the type of trial, either the jury or the presiding judge will decide on the sentence. If you are sentenced to jail or prison, you will be immediately taken into custody to be transferred to the facility. Below, you can find more information on what the sentence is for aggravated assault and the future implications.

Sentencing

If you are convicted of a misdemeanor, you could face incarceration in the county jail for up to 1 year. If you are convicted of a felony, your sentence is generally served in the state prison and could be for as much as 4 years and a fine of up to $10,000. These are maximum penalties, so there may be some room for negotiation before the sentencing hearing if you are convicted. For example, you may be able to avoid any jail time at all with a misdemeanor conviction and be sentenced to probation instead.

Future Implications

While a misdemeanor conviction may not have much of an impact on the rest of your life, a felony conviction for aggravated assault absolutely can. Having a felony on your record can stop you from being able to work with children, the elderly, or other vulnerable populations and can make it harder to be approved for a rental home. A felony conviction may also have to be disclosed if you want to volunteer with your children’s school or your local church.

When the handcuffs click, your first call should be to Kersey Law. Obtaining experienced legal representation as soon as possible after your arrest can make a big difference in the outcome of your case. Call our San Diego office at 619-432-3712 to speak with a member of our team and find out how our firm can help you.

Call us today at 619-329-8385 to learn more!
Nick M
a week ago
I am beyond grateful to Keysey Law Firm for everything they've done, not just for me but for my family as well. For over 25 years, I've carried a weight I thought I might never be free from. Thanks to Mr. Kersey and his team that burden has finally been lifted. Even though I live in Texas and this case was in California their team made the entire process seamless. I was prepared to travel across the country is needed, but Mr. Kersey and his team handled everything remotely, with professionalism, care and incredible efficiency. Their customer service is outstanding, always responsive, kept me informed every step of the way and never once made me feel like my many questions were ever a bother. Their patience, kindness, and dedication stood out in every interaction. The relief I feel now is hard to put into words...it's overwhelming is the best possible way. What once felt impossible is now behind me, and that's entirely because of the incredible team at Kersey Law. From the bottom of my heart..thank you all!!
Cristian Enrique Duran
a month ago
We all know that going to court can be very stressful. In my particular case I was arrested on a felony and misdemeanor charge. I mention this because this was the first time I ever had to call around trying to find the right lawyer and was unaware of how expensive attorneys can be, which only added on to my worries.Nonetheless, I called law firm after law firm and felt as if most just wanted to know my charges so that they could hurry and give me a quote. When I got into contact with Mr Kersey, it was a completely different experience, I felt he truly cared about me and understood my worries about possible conviction and my financial worries aswell. He reassured me multiple times on our first call that he would be able to defend me in court (which at the time I really needed to hear) , his confidence, understanding, and willingness to go out of his way to help me find a way to pay for representation sealed my choice with picking Kersey Law to represent me in court. The results, I had all charges, both felony’s and misdemeanors dismissed. The experience of having Kersey Law on my side was one of the best choices I have ever made as they always kept me up to date with everything and anything I needed to know before each court date in a timely fashion. Whenever I had any questions or felt nervous after or before a court hearing, I would reach out to Kersey law and they always made sure that all my questions and worries were addressed. They will communicate with you throughout the entire court process, you will not feel alone and you can rest assured that the people that are representing you in court are truly fighting for you, care about you and have your best interests in mind. With Kersey law you don’t have to go through this challenging process alone and will have someone on your side who can get the job done, like I mentioned prior, with their representation I had all my charges dismissed. This law firm is the right option as they will be there for you from start to end. I will forever be thankful for all of the team at Kersey law!
Gary Flores
2 weeks ago
Best Attorney Experience Jamahl was my first criminal lawyer — and I hope to God my last. What you see is what you get with him. Not only is he an attorney, but he’s also a YouTuber, so you can actually check out his channel and see for yourself how knowledgeable he really is. During the most difficult time of my life, Jamahl was there to tell it like it is. Between court dates, he didn’t waste time with unnecessary calls or meetings, but whenever I had a question, he answered right away. I trusted him to do his job, gave him whatever information he asked for, and it worked out perfectly. He really listened to where I was coming from and understood my case details. Another thing I appreciated was his firm’s pricing — straightforward, clear, and with no hidden fees. At the same time, I had been paying another attorney who charged me for “case review meetings” every month without providing documentation or results. I felt completely taken advantage of. Now I know why that firm is called “The Moore Group” — more money, more frustration, and no results. In the end, thanks to Jamahl and his team, I went from facing two misdemeanors to only having to complete seven anger management classes — and then it will all be dismissed. That’s an incredible outcome, and I couldn’t be more grateful. I wish Mr. Kersey and his family all the best. Thank you to him and everyone who helped make this happen. Don’t forget to check out his channel: 👉 Jamahl Kersey YouTube

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