If you were charged with assault after being provoked or defending yourself, you may be wondering whether the charge will stick. You have a legal right to defend yourself from bodily harm without being charged with a crime. For example, if you felt unsafe or someone attacked you, you may have a valid defense against an assault charge.
However, you could still face assault and battery charges even if someone threatens you. That’s why it’s important to hire an experienced attorney to defend you. A Los Angeles violent crimes lawyer from Simmrin Law Group is here to investigate the facts of your case and determine your best defense.
Call or fill out the online contact form for a free, no-obligation case evaluation.
What Happens If You Defend Yourself in California?
If the court charges you with assault in Los Angeles as a result of either being provoked or defending yourself, you face a tricky line to walk in the legal sense. This situation is challenging because California generally defines assault as touching someone without permission.
Self-defense is usually the tried-and-true defense to fight assault and battery charges in California. However, to prove self-defense, a defendant must demonstrate that:
- They reasonably feared another person would use force against them or harm them.
- The other person made a legitimate threat about using force against or hurting the defendant.
- The defendant did not provoke or threaten to harm the other person.
- The defendant could not find any other reasonable way out of the situation.
If you legitimately act in self-defense, there are limits to how forceful you can be. For instance, if someone punches you, it would be unreasonable to pull out a pistol and shoot them. Only a response proportional to the objective threat may fall under self-defense.
A Los Angeles criminal defense lawyer from our law firm can determine if the force you used was what a reasonable person would deem necessary under the circumstances.
For a free legal consultation, call (310) 896-2723
Was There an Imminent Threat?
A self-defense claim is only valid if you were facing an imminent threat at the time of the incident. A verbal threat will likely be considered “mere words” in court. Verbal threats are typically not accepted as a justifiable basis for self-defense. Conversely, if someone physically assaults you, you do have some right to respond.
That said, a court will study your case and decide whether you are guilty or not. There may be additional evidence they haven’t seen yet that proves a threat existed that justified self-defense. If you can prove that you faced an imminent threat to your safety, then a self-defense case will have a much stronger legal footing.
However, it may be difficult to convince the court to see it that way, which is why you should strongly consider hiring a lawyer to represent you. Your defense lawyer can review your case and determine if what happened was truly assault, as defined by California law.
Was There a Reasonable Fear of Harm?
To validate a self-defense claim, you must establish a reasonable fear of harm. If you were attacked and suffered bodily injury, you will have an easier time proving that you acted in self-defense.
On the other hand, if you didn’t experience any bodily harm before initiating physical violence, you may have a hard time proving you had a reasonable fear of harm.
If the evidence you rely on to establish your case is intangible or nonexistent, you may face additional obstacles. Again, an experienced lawyer can review your case and help you craft a solid defense for your situation.
Is it Still Assault if You Are Provoked?
Self-defense is often used when, in actuality, someone simply provoked the defendant. For example, suppose you lash out at someone after he says, “What are you going to do? Hit me?” This is a provocation, not a situation warranting self-defense. The other person did not threaten you or physically endanger you.
However, if someone tries to coax you into a bar brawl with them and asks you to step outside the bar to fight, this can be interpreted as giving you permission to fight them. We can assess your unique circumstances during your initial consultation.
Does the Court Consider Provocation a Defense?
Provocation is not a valid legal defense. Even if you prove someone provoked you, the court will not dismiss your case outright.
However, a lawyer may have the criminal charges against you lessened. In addition, an experienced lawyer can advise you about the kind of sentence you may potentially face in claiming provocation.
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What Are the Penalties for an Assault Charge?
The consequences you face for an assault conviction vary widely, depending on the court and the details of your specific case.
If, for instance, someone brings a case against you in civil court, you may end up hit with costs and fees associated with damages suffered by the other party. However, if the alleged victim brings a case to criminal court, you may face jail time in addition to other costly penalties.
Some cases end up heard in both civil and criminal courts, which subject the defendant to jail time and the repayment of damages. Our legal team includes criminal defense lawyers who frequently represent clients in both courts. We can advise you on how to proceed in either situation.
Can You Face Battery Charges for Defending Yourself in California?
Assault and battery represent different criminal acts in California. Assault occurs when you touch someone dangerously or offensively, and you could also face battery charges for causing them physical harm.
You could face penalties such as:
- Fines
- Jail or prison time
- Probation
- Anger management classes
Please reach out to our team if the court charges you with assault and/or battery, and you believe your actions were justifiable.
What Are Other Defenses to Assault Charges in California?
A lawyer may take steps to show that you touched someone else to defend yourself in California as a defense. However, this strategy represents only one possible way to handle assault allegations.
Your lawyer may argue that:
You Hurt Someone Else by Accident
Accidents are an unfortunate part of life, and assault remains a crime of intention in California. If you touch someone without intending to inflict bodily harm or upset them, a lawyer can build a defense based on your actual intentions.
You Were Engaged in a Contact Sport
Sometimes, injuries occur while individuals are playing a sport or engaging in another activity that requires physical contact. In these situations, individuals give implied consent to engage in activities that could lead to injuries.
In some cases, individuals go beyond implied consent and sign waivers stating that they understand the risk of an injury. If you engage in a sport like football or hockey and accidentally hurt someone else in the course of play, you can reach out to a lawyer for help.
Lawyers Review Specific Defenses for Your Charges
Even if the court charges you with assault, you may have several additional defenses at your disposal.
Defenses you can use to fight an assault charge in Los Angeles can include:
- Insufficient evidence
- The prosecution’s inability to prove every element of the plaintiff’s claim
- Defending others or property (within reason)
- Being given consent (mutual combat)
- Insanity
You may see defendants on TV crime shows claiming insanity as a defense, but, in reality, insanity is tough to prove. Lawyers have difficulty with this defense because no one can know what another person is thinking.
A successful insanity defense involves showing that the defendant was either insane during the incident in question or that they were insane during the criminal trial.
Even if the court finds you to have been insane during either of these times, this does not mean a judge will dismiss your case. Instead of being sentenced to jail, the court can send you to a mental hospital. The Simmrin Law Group can review the details of your case to help you decide on the best possible defense.
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An assault charge can turn your life upside down, even if the court does not convict you of the crime. However, should you be found guilty, you could face a lengthy prison sentence and an end to your life as you know it.
An experienced attorney will consider the circumstances surrounding your charges and choose the strongest defense strategy for your case. Our Los Angeles criminal defense lawyers are here to help those who have received unfair treatment from the legal system.
Reach out to us today, and let us review your case and help you get your life back. We can provide you with advice on what to do next without any obligation to retain us. Call now or fill out our contact form to schedule your free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form