Assault Attorney in Los Angeles
When you are facing assault charges, your life can change just by choosing the right lawyer to investigate your case and get justice for you. An assault attorney in Los Angeles fights for you when you are facing the serious charges and harsh consequences of an assault arrest. It’s important to know your rights after you have been arrested and what to expect. Call The Law Office of Edward J. Blum to schedule your free case evaluation.
Timeline of a Criminal Case
The following information will help you to have a better understanding of what the process is, but your attorney can give you more specific information on your case. In general, though, this is the path that most cases take.
The police take you into custody, and the prosecutor will then determine if there is enough evidence to hold and charge you. In some cases, an investigation by the prosecutor will yield enough evidence to ask the court for a warrant for your arrest. How long you spend in custody and whether or not you can be released on bail will depend both on the charge and what is decided at your arraignment.
What is an arraignment?
An arraignment is a hearing where all of the charges against you are formally read by the court. You are required to be arraigned within 48 hours of your arrest. At the arraignment, the judge will read your charges, review the probable cause against you, set your bail, read you your rights, and ask if you want to enter a plea at that time. After the charges have been laid out, you are then asked to enter your plea. It is imperative that you call The Law Office of Edward J. Blum before your arraignment and arrange to have them there with you.
Preliminary Hearing or Grand Jury Indictment
The purpose of preliminary hearings or grand jury proceedings is to establish probable cause to see if there is evidence to indict the defendant and then go to trial. During this period, both lawyers for the defendant and the plaintiff will make strong arguments and question witnesses.
The prosecutor bears the burden of proof in your criminal trial and must prove beyond a reasonable doubt that you committed the crimes that you have been charged with. At the conclusion of the trial, the judge or the jury will find you either guilty or not guilty.
If the judge or jury finds the defendant guilty, then the next step is sentencing, which is when the court determines what an appropriate punishment would be for your crimes. Before determining the sentence, they will consider the severity of your crime, any mitigating or aggravating circumstances, and your criminal history.
Not all criminal cases follow the same route. In many instances, the defense attorney and prosecutor work out a deal. This is also known as a “plea bargain.” The two sides agree not to pursue the case any further. Sometimes, the defendant will be expected to plead guilty to a lesser charge in exchange for a lighter sentence. The stronger the defense’s case, the more likely the prosecutor will offer a reduced sentence.
Types of Assault Offenses
Under California Penal Code 240, “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” To be clear, an assault is not the same as a battery, which involves actual physical harm. An assault is a threat to do violence with an apparent ability to carry it out. The state of California has several levels of assault.
A felony assault occurs when someone threatens to attack another person with a weapon, such as brandishing a gun, brass knuckles, or a knife. The prosecutor will be required to prove that a reasonable person would fear immediate assault by the defendant under the circumstances that they happened, that the defendant intended to hurt the victim or made them reasonably fearful that they would be hurt, and whether the defendant was able to actually commit the assault. It can still be considered a felony if the assailant used their hands, fists, or feet.
- Simple Assault: This occurs when there is no weapon used when the victim is threatened.
- Physical Assault: This type of assault involves the threat to do in grave bodily injury to the victim, which can include menacing statements that cause the other individual to believe they are in immediate danger of being attacked.
- Aggravated Assault; This occurs when there is a use of a weapon during assault.
- Sexual Assault: This is defined as non-consensual sexual contact and can include fondling and attempted rape.
- Verbal Assault: Non-physical, oral assaults that cause mental, emotions, or psychological anguish that results in injury fall under the category of verbal assaults.
Assault and Battery Crimes
These charges usually involve an attack by one person on another.
They can be charged as Felonies or Misdemeanors depending on the damage to the person claiming to be attacked. The difference between an Assault and a Battery is one of completion. Battery is when you actually touch the person. It doesn’t have to cause injury. A Battery can be offensive.
Assault is an uncompleted battery. For instance, when you make a threatening gesture at someone. If the person you make the gesture feels threatened the police can charge you with assault.
In 18 years I’ve never seen a case where there wasn’t some provocation and build-up to a fight. There are always multiple stories and multiple witnesses. The person charged usually depends on the Arresting Officers’ personal bias or which person talked to the cops first.
ASSAULT, ASSUALT WITH A DEADLY WEAPON, BATTERY, MAYHEM
Assault/Battery/Mayhem cases involve investigation and interview of the witnesses. It’s important to have a skilled investigator who knows how to question witnesses and get facts that help your case. I have the best at my disposal.
Self-defense and Defense of Others are legal defenses to charges of Assault/Battery/Mayhem. They rely on your belief that if you don’t use the reasonable physical force you or someone else will be harmed. In the typical fight scenario where there is a build-up to the fight, it is likely that a self-defense/defense of others scenario can be painted.
Every Assault/Battery case is different. I’ve been successfully defending and developing strategies to successfully defend Assault/Battery cases for over 17 years. I know what’s at stake for you, and I will use all my skills to make sure you beat the Assault/Battery charges.
Contact criminal defense attorney of The Law Office of Edward J. Blum today.
Frequently Asked Questions
If you need to speak to an assault crimes attorney, then call The Law Office of Edward J. Blum immediately to schedule your free case evaluation.
What if there is a warrant out for my arrest?
If you believe that there may be a warrant out for your arrest, then you should voluntarily turn yourself in and let us know at The Law Office of Edward J. Blum. Once you’re in custody you will have the right to an attorney, but if you go in voluntarily, then the prosecutor will be more willing to work with you.
Does the constitution apply to me if I am a criminal?
You still have certain rights and protections even though you have been arrested for criminal charges. And you could be facing a permanent or temporary restriction of certain rights. For example, a felony conviction can also eliminate your Second Amendment right to own a firearm. In some cases, the court can order individuals from consuming alcohol or any drugs.
Criminal Defense Lawyer for Assault Cases
When your future is on the line, you need the help of an intrepid and respected assault attorney who has years of experience in Los Angeles, Orange, and Ventura Counties. He has won many cases for his clients facing all sorts of charges and has helped clients specifically facing assault charges. If you have been accused of a felony or misdemeanor, then call now to schedule your free case evaluation.