California Assault Defense

An assault recently occurred in Jamestown, CA where a male victim was allegedly stabbed in the back several times while he was at his home. The victim was flown to Modesto hospital for treatment and is in stable condition. His injuries are not life threatening.

 

Police believe that at least six people were involved in the incident and that those allegedly involved contacted the victim and then came to his home unannounced and uninvited. Police still do not understand the motive in the assault and battery, but it appears that neither money nor drugs were involved.

 

Police have arrested one person so far in connection with the incident. He is being charged with home invasion robbery, assault with a deadly weapon, criminal conspiracy, and first-degree burglary.

 

Defining Assault

 

Though charges of assault and battery are often paired, in this case the charges against the individual arrested involve just assault. “Assault” in California is defined as an “unlawful attempt” to cause “violent injury” to another person, whereas battery is the actual force or violence on the other person.

 

The individual arrested is not being accused of causing physical harm to the victim, but threatening the victim with the knife that was allegedly used in this crime.

 

California considers assault with a deadly weapon a felony.

 

Defenses to Assault

 

Some of the common defenses to assault and battery include:

 

  • Consent to the activity or act
  • Defense of another person
  • Defense of the home or personal property
  • The accused did not actually have the ability to inflict harm
  • The accused did not act willfully or did not have the intent to inflict harm

 

Another option for those accused of assault, is to try to negotiate a plea agreement. While this is not considered a defense, when handled by an experienced assault defense attorney, it may result in a reduced sentence for a guilty party. If the accused agrees to the lesser charges, then the prosecution does not have to go through a full trial to prove guilt.

 

If you have been charged with assault, it is important that you seek the help of an attorney who is experienced in defending such criminal cases.

 

The law offices of Arata, Swingle, Van Egmond & Goodwin can help. We welcome your call today on (209) 522-2211 to discuss the charges laid against you, or a loved one.