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San Diego Assault Lawyer

 

Experienced San Diego Battery Attorney With High Reviews – Best & Affordable Assault Defense Law Firm Helping You To Get All Types Of Assault Charges Dropped In SD County Courts Including Assault With A Deadly Weapons 

Welcome to out San Diego assault lawyer web page. Assault and Battery are very similar crimes.  In general, Battery is the unlawful use of force on a person, while Assault is an attempted Battery.  Both crimes are potential strikes and the punishment can include prison if the case is charged as a felony. This why you need an experienced San Diego assault attorney & battery law firm to aggressively defense you. Contact us for free consultation now!

 Due to the serious nature of these charges, you need an experienced a defense expert on your side.

Call 619-493-1207 or use our contact form to speak directly to us.

 Assault

Penal Code 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Assault with a Deadly Weapon

Penal Code 245 defines many different types of the crime “Assault with a Deadly Weapon.”  The punishment for each of these types of crimes depends on the type of weapon used and the victim the weapon was used upon.

Non-Firearm:

Penal Code 245(a)(1) states that any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

Use of Firearm:

Penal Code 245(a)(2) states that any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

Use of a Machine Gun:

Penal Code 245(a)(3) states that any person who commits an assault upon the person of another with a machine gun, or an assault weapon, or a .50 BMG rifle, shall be punished by imprisonment in the state prison for four, eight, or twelve years.

Assault with a Deadly Weapon: Use of a Semi-Automatic Firearm:

Penal Code 245(b) states that any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.

Peace Officer Victim and No Use of Firearm:

Penal Code 245(c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.

Peace Officer Victim and Use of Firearm:

Penal Code §245(d)(1) states that any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.

Peace Officer Victim and Use of Semi-Automatic:

Penal Code 245(d)(2) states that any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.

Peace Officer Victim and Use of Machine Gun:

Penal Code 245(d)(3) states that any person who commits an assault upon the person with a machine gun or an assault weapon, or a .50 BMG rifle, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for six, nine, or twelve years.

Battery (Penal Code 242 pc)

Penal Code 242 defines Battery as any willful and unlawful use of force or violence upon the person of another.

A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

However, when a battery is committed against certain classes of people, such as a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, than the penalty can be increased to include 2, 3 or 4 years in State Prison.

Additionally, when a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment in the state prison for two, three, or four years.

Contact The San Diego Criminal Defense Pros Legal Team Now for Free Consultation

Call or text us now at 619-493-1207 for free consultation

 

The San Diego Criminal Defense Pros
2534 State Street
San Diego, CA
92101
Phone: 619-493-1207