What is Simple Assault?
In California, simple assault is an attempt to cause harm to another person but no actual physical harm is done. Simple assault charges are typically considered a misdemeanor, although there are circumstances that would make it a felony. Assault against a healthcare or public worker who is actively engaged in performing their duties, for instance, carries much heavier penalties, as long as it should have been known that he or she was a healthcare or public worker. Penalties for misdemeanors can include up to $2,000 in fines and/or 6 months in jail, but penalties for felonies vary much more case by case and will be more severe.
Components of Simple Assault
Simple assault can be something as small as invading someone’s personal space in a threatening manner, or a more aggressive action like attempting to punch someone. However, there are certain aspects of a case that must be proven before a charge can be made. Some components of simple assault include:
- Intention to harm
- Ability to harm
- Action must not have been made in self-defense
Because of the ambiguity of simple assault charges, these charges can be administered unjustly. If you believe that you have been accused of simple assault without proper cause, it is important to contact a lawyer quickly to begin building a strong defensive case.
Consult with a San Jose Assault Defense Lawyer
Charges of simple assault carry consequences that can later affect your job prospects, reputation, or even your freedom. Fortunately, our San Jose assault defense lawyers at the Law Office of Daniel Jensen, P.C., have the experience and knowledge necessary to build a strong case on behalf of your defense. To discuss the particulars of your case and learn more about your legal options, please call our offices at (408) 493-0082 today.