Defending The Rights Of Clients Throughout San Diego County Since 1999

Assault Defense Lawyer In San Diego, CA

Violent crimes like assault are dealt with harshly in California. Defendants need a defense lawyer who understands what is at stake. A heated argument might have gotten out of hand or you may have been defending yourself. An assault charge conviction can derail your life and future.

Attorney Greg Turner of Turner Law San Diego, APC, in San Diego knows what you are going through. During his career as a defense lawyer, he has handled more than 1500 criminal cases. He and the rest of our team know what it takes to minimize and overcome a serious charge such as assault. With round-the-clock access and free consultations, we can guide you through your journey. He provides a discount to current and former military members. Call 619-436-4502 anytime.

What Constitutes Assault In California?

In California, the definition of assault is an unlawful attempt, coupled with a present ability, to inflict a violent injury.

Unlike battery, which involves actual contact, assault also focuses on the mere attempt or threat of violence. You can face assault charges without contact if there was an intention and ability to hurt someone.

Types Of Assault Charges We Defend In California

Assault charges in California depend on the circumstances, the severity of the act and who the victim is. Each type of assault carries legal consequences and is defined under specific California Penal Codes. 

Simple assault (Penal Code 240)

This is the most basic form of assault, defined as an unlawful attempt, combined with the present ability, to cause a violent injury to another person. No physical contact is required. Even raising a fist or throwing a punch that misses can lead to a charge. 

Assault with a deadly weapon (Penal Code 245(a)(1))

The charge applies when someone attacks or attempts to attack another person using a weapon capable of causing serious harm or death, such as a knife, bat or even a vehicle. It is a more serious offense and can be charged as a felony. 

Aggravated assault (Penal Code 245)

Aggravated assault involves more serious circumstances, including the use of deadly force or inflicting serious bodily injury. This type of charge can result in longer prison sentences and larger fines. 

Domestic violence assault (Penal Code 273.5)

This charge applies when the alleged victim is a current or former spouse, cohabitant or the parent of the defendant’s child. Prosecutors often take these cases very seriously, and the outcome can have long-term impacts on custody, employment and immigration status. 

Assault on a public official (Penal Code 217.1(a)) 

This law provides enhanced penalties for assaults against judges, elected officials, prosecutors and other public figures, especially if the motive is related to their official duties. 

Vehicular assault (Penal Code 245(a)(1))

Using a vehicle as a weapon can result in assault charges, particularly if the act was intentional or showed extreme recklessness. This can be prosecuted as a felony depending on the severity of the harm caused. 

If you are facing any of these charges, our criminal defense attorney can help you better understand your rights and legal options. 

Penalties For Assault Convictions

California assault charges vary in severity, depending on each unique incident. Here are some common types and their associated penalties:

  • Simple assault: Involving the threat and ability to cause bodily injury, this charge is punishable by up to six months in jail and $1,000 in fines.
  • Aggravated assault: Involving an attempt (successful or not) to cause harm, it is punishable by lengthy prison terms and elevated fines.
  • Assault with a deadly weapon: Involving a weapon capable of causing significant injury or death (firearm, knife, vehicle), a conviction could mean up to four years in prison and fines approaching $10,000.

Use of a deadly weapon is considered a “strike” offense under California’s Three Strikes Law, requiring an effective defense.

How We Defend Against California Assault Charges

Contrary to belief, there are several potentially effective defenses to consider against assault charges. Examples include:

  • Self-defense: Demonstrating you were protecting yourself from imminent harm
  • Lack of intent: Proving there was no intention to cause harm
  • False accusations: Showing that the allegations are unfounded or motivated by ulterior motives

Attorney Turner will thoroughly review the details of your situation and help you develop a defense strategy tailored to your specific circumstances.

Free Consultation With An Experienced San Diego Assault Defense Lawyer

You can trust Turner Law San Diego, APC, team to serve only your best interests amid serious assault charges. Call our San Diego offices at 619-436-4502 to schedule a free consultation with assault attorney Greg Turner. He will work with you personally and is available 24/7. He provides a discount to current and former military members.