Assault charges in Carlsbad can carry severe penalties, ranging from fines and probation to significant jail time. As the founder of Rubin Law Office, I know the impact that a conviction can have on your reputation, freedom, and future, and will fight to resolve the charges without you having to go to jail. While no outcome is guaranteed, one thing is certain: I won’t settle for less than the best outcome for your case. If you’ve been arrested, call me, Attorney David Rubin, at (619) 719-1087.

Why Choose Me As Your Assault Defense Lawyer?

My extensive background as both a prosecutor and a Carlsbad defense attorney brings a unique blend of insights, experience, and dedication to every client I represent. I use a strategic and well-reasoned approach to deliver a strong defense to your assault charges. When you hire Rubin Law Office, you benefit from the following:

• Former Prosecutorial Background: As a former prosecutor in Massachusetts, I understand how the prosecution builds its case. This insight allows me to anticipate and counter the strategies used against you, giving you a significant advantage in your defense.
• Extensive Courtroom Experience: My career has been defined by extensive courtroom experience. Having handled hundreds of cases and numerous trials, I honed my skills in real-world settings. Whether negotiating plea deals or fighting for an acquittal at trial, my courtroom ability ensures you have a seasoned advocate on your side.
• Personal Commitment: As a sole practitioner, I am personally invested in each case I take on. When you hire me, you get my undivided attention and dedication. You can communicate with me directly by phone, email, or text, so you’re never left in the dark about where you stand.
• Strategic Negotiation: I believe in the power of strategic negotiation. While some attorneys rely on bluster and aggressive posturing, I focus on building sound legal arguments that compel the other side to listen. This approach often leads to better outcomes, such as charge reductions or favorable plea bargains.
• Free Initial Consultation: I offer a free initial consultation where I will listen to your story, review your paperwork, and answer your questions. This meeting is an opportunity for you to get to know me and for us to start building a relationship based on trust and understanding. There’s no pressure to sign an agreement until you’re ready.

I understand that facing assault charges is a stressful and frightening experience. My goal is to make you feel heard and supported from start to finish. If you’re facing assault charges, call me at (619) 719-1087 to schedule your free consultation. Together, we’ll develop a strategy to achieve the best outcome for your case.

California Assault Crimes – an Overview

Understanding the different types of assault crimes and their associated penalties is essential for anyone who’s been charged. Below is an overview of some of the many assault offenses under California law, including the potential consequences.

Assault

Under California Penal Code Section 240 PC, assault is an unlawful attempt to commit a violent injury to someone else, combined with the ability to carry out the threat. Even if no physical contact is made, merely attempting to harm someone can result in assault charges. For example, raising your fist and threatening to punch someone can be considered assault, even if you don’t actually hit them. Penalties for assault can include up to six months in county jail, a fine of up to $1,000, or both.

Battery

Battery occurs when you willfully and unlawfully use force or violence upon another person. Unlike assault, battery involves actual physical contact. For instance, if you punch another person during an argument, it qualifies as battery. Penalties for battery can include up to six months in county jail, a fine of up to $2,000, or both. Aggravating factors, such as causing serious injury, can lead to more severe penalties.

Assault with a Deadly Weapon (ADW)

Assault with a deadly weapon (ADW) involves an assault committed with either: 

• Any deadly weapon other than a firearm or; 
• By means likely to produce great bodily injury

For example, threatening someone with a knife or hitting them with a baseball bat can be charged as ADW. The penalties for ADW can vary widely based on factors such as the type of weapon used and whether the victim sustained injuries. Convictions can result in up to four years in state prison, fines up to $10,000, or both.

Domestic Battery

Domestic battery involves willful and unlawful use of force or violence against a spouse, cohabitant, or intimate partner. For instance, slapping a partner during an argument can result in domestic battery charges. This offense is taken very seriously and can lead to penalties including up to one year in county jail, fines up to $2,000, and mandatory participation in a batterer’s treatment program.

Sexual Battery

Sexual battery is defined as touching the intimate part of another person against their will for sexual arousal, gratification, or abuse. For example, groping someone without their consent can lead to sexual battery charges. Convictions for sexual battery can result in up to one year in county jail for misdemeanor charges or two to four years in state prison for felony charges, along with fines and mandatory registration as a sex offender.

Battery on a Police Officer

Battery on a police officer occurs when you use force or violence against a peace officer engaged in their duties. For example, pushing a police officer during an arrest can result in this charge. This crime is particularly serious and can lead to enhanced penalties, including up to one year in county jail for a misdemeanor or two to three years in state prison for a felony, depending on the severity of the offense and any injuries sustained by the officer.

Aggravated Battery

Aggravated battery is defined as willfully causing serious bodily injury to another person. For instance, if you hit another person with such force that it results in a broken bone, it qualifies as aggravated battery. The penalties for aggravated battery can be severe, including up to four years in state prison, significant fines, and restitution to the victim. This offense often carries heavier penalties due to the serious nature of the injuries involved.

Defenses Against Assault Charges

Facing assault charges can be worrying, but there are several defenses that a skilled criminal defense attorney can use to challenge these allegations. They include but may not be limited to the situations below.

• Self-Defense: One of the most common approaches is claiming self-defense. This applies if you reasonably believed you were in imminent danger of being harmed and used only the necessary force to protect yourself. For example, if someone was about to hit you and you pushed them away to prevent the attack, this could be considered self-defense.
• Defense of Others: Similar to self-defense, this defense applies if you are protecting someone else from imminent harm. If you intervened to protect a friend or family member from being attacked and used reasonable force to do so, this could be a valid defense.
• Defense of Property: This defense may apply if you use force to protect your property from being stolen or damaged. However, the force used must be reasonable and not excessive. For example, if someone was attempting to break into your home and you used force to stop them, this could be considered a defense of property.
• Lack of Intent: Assault charges require the intent to cause harm or the threat of harm. If it can be proven that you never intended to hurt someone, this can be a defense. For instance, if the incident was an accident or misunderstanding, demonstrating a lack of intent can be a strong defense.
• False Accusation: Unfortunately, false accusations do occur. If you can provide evidence that you were wrongly accused, such as witness testimony or alibi evidence, it can be a powerful defense. Proving that the accuser has a motive to lie can also support this defense.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you committed the assault. If the evidence against you is weak or lacking, your attorney can argue that there is not enough proof to convict you. This might involve challenging the credibility of witnesses or the reliability of physical evidence.

If you are facing assault charges, it is important to consult with an experienced attorney who can evaluate your situation and determine the best course of action.

Get a Free Consultation With a Carlsbad Assault Defense Lawyer

Being charged with an assault crime is an inherently frightening experience. You may worry about what happens next and feel helpless like you have no control over what happens to you. This is where securing legal representation as soon as possible can help.

If you’ve been arrested or believe that you are about to be, contact Rubin Law Office right away. I will meet with you, discuss the various ways your charges can be minimized or dropped, and build you the strongest possible defense. For more information, call (619) 719-1087 or fill out an online contact form today.

FAQs

Is Assault a Wobbler Offense in California?

In California, some crimes are classified as “wobbler” offenses, which means they can be charged either as misdemeanors or felonies, depending on the circumstances and the prosecutor’s discretion. Assault, under California Penal Code Section 240, is generally a misdemeanor. However, more severe forms of assault, such as assault with a deadly weapon (ADW) can be classified as wobblers.

Several factors influence whether an assault is charged as a misdemeanor or a felony:

• Severity of the Injury: If the assault resulted in serious bodily injury, it is more likely to be charged as a felony.
• Type of Weapon Used: Using a deadly weapon or an object capable of causing serious harm can elevate an assault charge to a felony.
• Criminal History: A defendant with a prior criminal record, especially for violent offenses, is more likely to face felony charges.
• Circumstances of the Incident: The context of the assault (such as whether it was committed in self-defense or involved aggravating factors like hate crimes) can also impact the charge level.

Understanding how assault charges can be classified is important for anyone facing such allegations. If you or someone you know is charged with assault, consulting with an experienced attorney should be the next step in protecting your rights.

How Can a Carlsbad Assault Attorney Help?

If you’re facing assault charges in or around Carlsbad, the outcome can depend on the quality of your defense. For that reason, you want to work with an experienced criminal lawyer who can help you in the following ways:

• Thorough Case Evaluation: An experienced attorney will thoroughly review the details of your case, including the evidence against you, witness statements, and police reports. This evaluation helps identify any weaknesses in the prosecution’s case.
• Legal Guidance: Navigating the criminal justice system can be confusing and stressful. An attorney will clearly explain the charges against you, potential penalties, and what you can expect as your case proceeds, ensuring that you are never in the dark.
• Building a Defense Strategy: Your attorney will develop a defense strategy tailored to your charges. This may involve proving self-defense, lack of intent, or questioning the credibility of the accuser and witnesses. 
• Negotiating Plea Bargains: In some cases, it may be beneficial to negotiate a plea bargain with the prosecution. An experienced attorney can negotiate on your behalf to reduce charges or penalties, potentially avoiding a lengthy trial.
• Representing You in Court: If your case goes to trial, you need an attorney who is skilled in courtroom procedures and advocacy. They will present evidence, cross-examine witnesses, and argue your case to the judge and jury.
• Protecting Your Rights: Your attorney will ensure that your constitutional rights are protected. This includes ensuring you receive a fair trial and that any evidence obtained unlawfully is excluded from the case.
• Mitigating Penalties: If you are convicted, an attorney can advocate for reduced sentencing by presenting mitigating factors such as lack of prior criminal history, good character references, or evidence of rehabilitation efforts.