San Jose Assault Lawyer

Brief Overview of Aggravated Assault Charges

Put into the simplest of terms, assault is the criminal action of performing an action that is likely to result in serious bodily injury to the victim. This means that there are two separate things that must occur; there must be (1) the intention to perform the act and (2) the clear ability to cause the injury. It is not enough for assault to occur if it is clear that the defendant was not capable to carry the action through. Similarly, if it can't be proved that there were no intentions than the case falls flat.

Assault, however, is just the foundation of the criminal term. Should there be extenuating factors, the criminal offense could be elevated to what is known as assault with a deadly weapon (ADW) or aggravated assault. This is defined in California Penal Code §245(a) as the criminal act of performing an act that is likely to cause someone serious bodily harm while utilizing a deadly weapon.

Defending Against San Jose Charges of Assault with a Deadly Weapon

The criminal act of aggravated assault is most commonly referred to as a "wobbler" meaning that it can be criminally tried as a misdemeanor or a felony depending on the circumstances of the act. For example, the type of weapon that was used in the commission of the act, whether an actual injury was sustained and even who the victim was can all play into the final outcome of the case.

Should it be tried as a misdemeanor, the penalties will likely include a year of incarceration, a monetary fine of $10,000, restitution to the victim and even community service. You could also be required to have your weapon confiscated and to take part in anger management classes. If it is tried as a felony, the penalties will be escalated to include up to four years of incarceration and could be considered as a "strike" on your criminal record as part of California's three strike law.

It is important to remember that just because you have been criminally charged does not mean that you have been convicted. At the Law Office of Thomas J. Mueller, they strongly believe that every case is defensible and will work tirelessly to ensure that you have the best possible chance of success. No matter whether they are arguing it was done in self-defense or to protect others, that there was no intention to cause harm or even that no injury was sustained, you can trust that a San Jose criminal attorney from our firm will do everything possible to help you defend your legal rights.

Do not hesitate to contact a San Jose assault defense lawyerif you have been criminally charged with aggravated assault or assault with a deadly weapon.