Orange County Assault Defense Attorney

Aggressive Legal Representation from Law Offices of Virginia L. Landry, Inc.

If you've been charged with assault in Orange County, CA, you're likely facing a confusing and stressful legal battle. Assault allegations can carry serious consequences, including jail time, hefty fines, and a permanent criminal record. At Law Offices of Virginia L. Landry, Inc., we understand what’s at stake. As experienced Orange County assault defense lawyers, we are committed to fighting for your rights and building a strong defense to protect your future.

Call us at (949) 694-8804 for your free consultation and take the first step towards protecting your future.

What is Considered Assault in California?

In California, assault is defined under Penal Code §240 as an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Importantly, you do not have to make physical contact with another person to be charged with assault. The law focuses on the attempt to cause harm and whether the act could reasonably lead someone to fear they were about to be harmed.

There are several types of assault charges, including:

• Simple Assault: Attempting to harm someone without actually causing injury.
• Aggravated Assault: Involving a deadly weapon or means likely to cause great bodily injury.
• Assault on a Public Official: Targeting government employees, police officers, firefighters, or others performing their duties.
• Assault with a Deadly Weapon (Penal Code §245): Using any object that can cause significant bodily harm.

Common scenarios that can result in assault charges include bar fights, road rage incidents, domestic disputes, or misunderstandings that escalate into perceived threats.

Criminal Penalties for Assault

The consequences of an assault conviction in Orange County depend on the nature of the alleged offense and the presence of any aggravating factors, such as prior convictions, use of a weapon, or the identity of the victim.

Simple Assault (Misdemeanor)

• Up to 6 months in county jail
• A fine of up to $1,000
• Informal probation
• Community service or anger management classes

Aggravated Assault or Assault with a Deadly Weapon (Felony or Misdemeanor - “Wobbler”)

• Misdemeanor: Up to 1 year in county jail, fines up to $1,000
• Felony: Up to 4 years in state prison, fines up to $10,000

Assault on a Police Officer or Public Official:

• Mandatory jail or prison time
• Enhanced penalties and fines
• Possible felony charges

In addition to incarceration, a conviction can result in a permanent criminal record, which can limit employment, housing, and immigration opportunities.

Legal Defenses to Assault Charges

At Law Offices of Virginia L. Landry, Inc., we explore every possible legal defense to have charges reduced or dismissed. Every case is unique, but common defenses to assault charges in California include:

• Self-Defense or Defense of Others: If you believed you or someone else was in imminent danger and used a reasonable amount of force to prevent harm, you may have a valid self-defense claim.
• Lack of Intent: Assault requires an intentional act. If the alleged incident was an accident or misunderstanding, you cannot be convicted of assault.
• False Accusations: Unfortunately, people are sometimes falsely accused out of anger, revenge, or misunderstanding. We work to uncover inconsistencies, expose motivations, and present the truth.
• No Present Ability to Harm: To be guilty of assault, there must be a present ability to inflict injury. If you were physically incapable of causing harm at the time, this may serve as a strong defense.
• Insufficient Evidence: The prosecution must prove all elements of the assault charge beyond a reasonable doubt. If there is conflicting testimony or lack of physical evidence, we may be able to challenge the case entirely.

Assault FAQs

Q: Can I be charged with assault even if I didn’t touch anyone?
Yes. In California, assault is an attempt to cause harm, not necessarily the act of causing harm. You can be charged even if no physical contact occurred.

Q: What is the difference between assault and battery?
Assault is the attempt or threat to cause harm, while battery involves actual physical contact or harm. You can be charged with one or both offenses depending on the situation.

Q: Is assault a felony or a misdemeanor?
Simple assault is typically a misdemeanor, but aggravated assault, assault with a deadly weapon, or assault on a public official can be charged as felonies.

Q: Will a conviction affect my record permanently?
Yes. A criminal conviction, even for a misdemeanor, can stay on your record indefinitely and impact employment, housing, and immigration status.

Q: Can assault charges be dropped?
Yes. With the help of a skilled Orange County assault defense lawyer, it’s possible to get charges reduced or even dismissed—especially if there are flaws in the prosecution’s case.

Why Hire Our Firm?

Assault cases are rarely straightforward. Your defense requires a thorough understanding of California law, the nuances of the legal system in Orange County, and skilled negotiation or courtroom representation. At Law Offices of Virginia L. Landry, Inc., we have extensive experience defending individuals accused of assault throughout Orange County. 

We will:

• Investigate the facts of your case thoroughly
• Gather and review all police reports, witness statements, and video evidence
• Work to suppress illegally obtained evidence
• Negotiate with prosecutors for reduced charges or dismissal
• Represent you zealously at trial, if necessary

Our team is committed to protecting your rights and minimizing the impact of criminal charges on your life.

Reach out to Law Offices of Virginia L. Landry, Inc. today for a compassionate and reliable legal partner.