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San Diego Assault Lawyer

Get San Diego Assault Attorney & Battery Lawyer Help

San Diego assault lawyer or battery attorney is a lawyer who legally defend those charged or accused of an assault or battery in the city or county. 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 to contact and hire an experienced San Diego battery assault lawyer or battery attorney to aggressively defend you. Contact us for  consultation now! Due to the serious nature of these charges, you need an experienced a criminal defense law firm on your side. Call 619-493-1207 to speak with someone.

Assault & Battery Attorney Practices Areas

A San Diego assault lawyer and battery attorneys handle cases such as:

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 in Assault:

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 in Assault:

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 in Assault:

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.

The job is your San Diego assault attorney is to help you get your charges dismissed or reduced when you are charge with any of the above.

 Possible Defense Strategies  For An Assault or Battery Charges

When you or a loved one is facing a battery or an assault charges, an experienced San Diego assault lawyer or battery attorney can use different strategies to help drop or reduce your charges. Some of those strategies are:

  • you didn’t intentionally try to hurt that person
  • you were defending yourself
  • it was an accident

Get Connected With A San Diego Assault Lawyer & Battery Attorney Today: Ask About Affordable Payment Plans & Free Consultation

Contact us by calling or texting us now at 619-493-1207 to be connected with a San Diego assault lawyer & battery attorney for consultation.

San Diego Assault Lawyer
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Local San Diego Criminal Defense Help Pros
2831 Camino del Rio S #104A
San Diego, CA
92108
Phone: 619-493-1207