Defense Against Simple Assault
Assault is a criminal act that is defined as threatening or attempting violent action against another person. Simple assault is often charged as a misdemeanor, as it is a less serious offense than aggravated assault. The most common forms of defense against simple assault include claiming innocence, self-defense, or defense of others. It is also possible to prove that a simple assault was purely accidental in some cases. Defending against a simple assault charge is necessary in order to avoid the legal penalties that a misdemeanor simple assault conviction will incur. By hiring a criminal defense lawyer, you improve your chances of being found innocent or receiving harsh simple assault penalties.
Proving Simple Assault
Simple assault is punishable by six months to a year in prison in addition to extensive fines. However, in order for a charge to occur, any of the following must be proven:
- The defendant threatened the victim with intent
- The defendant had the ability to take action after threat
- The threat caused plaintiff fear of immediate violence
- The defendant attempted or achieved physical violence against plaintiff
A criminal charge on your permanent record can result in a number of negative repercussions for your entire personal and professional life. A seasoned criminal defense attorney can help you avoid a criminal charge and the legal penalties resulting from a conviction.
Contact a San Jose Simple Assault Lawyer
If you or someone you know was accused of a simple assault in San Jose, contact an assault attorney at the Law Office of Daniel Jensen, P.C.. Our experienced lawyers are an essential asset in defending against a criminal charge. Please call (408) 296-4100 to speak with a member of our team and learn more information about your legal options.