Assault charges encompass a wide range of offenses, each one is defined by the specific circumstances of the case. In California, the legal system recognizes several common types of assault charges, each carrying distinct implications for the accused. If you have been charged with assault of some kind in the State of California it is important what type of assault you have been charged with and to reach out to an experienced criminal defense attorney near you. Six of the most common assault charges in California include:
1. Simple Assault Charges
Simple assault is often considered the least severe form of assault and involves the threat or attempt to inflict physical harm or injury on someone while also having the ability to do so. Some examples include verbal threats or attempting to physically harm someone. Simple assault charges are typically classified as misdemeanors. Depending on where you live and the severity of the allegations they could be first-degree, second-degree, or third-degree assault.
2. Aggravated Assault Charges
Aggravated assault is a more serious assault charge because it involves specific aggravating factors, such as causing bodily harm, serious bodily injury, or threatening disfigurement or impairment. Examples of these would be wounds that require stitches or other significant medical treatment. Going after public servants or minors can also change an assault charge to aggravated assault. The potential penalties for aggravated assault are also stricter than those for simple assault.
3. Assault with a Deadly Weapon
As the name suggests, assault with a deadly weapon happens when an individual uses a dangerous object or weapon to assault another person. Deadly weapons include obvious items like guns or knives, but they can also involve other more innocent objects such as rocks, bottles, bats, or cars being used as a weapon. Deciding whether an object qualifies as a deadly weapon or not is often made by a judge or jury based on the specific details of the case.
4. Sexual Assault Charges
Sexual assault is used for all offenses related to non-consensual sexual acts. Depending on what state you’re in, sexual assault can be treated as a distinct offense from rape. It typically involves intentionally making non-consensual physical contact with intimate body parts, such as the primary genital area, anus, groin, buttocks, or female breasts. Sexual assault charges very often go hand in hand with instances of domestic violence.
5. Vehicular Assault Charges
Vehicular assault is a very specific crime where a person has driven their motor vehicle recklessly, resulting in serious bodily harm to another person. Vehicular assault does include cases of driving under the influence (DUI) and causing a serious accident that results in bodily harm.
6. Felony Assault Charges
Felony assault happens when other serious forms of assault occur that result in felony charges. It can involve aggravated assault, aggravated sexual assault, or severe instances of vehicular assault. Felony assault charges will carry more severe penalties compared to misdemeanor charges because of the gravity of the offense.
Contact A Criminal Defense Lawyer When You Have Been Charged With Assault
Understanding the different types of assault charges is important for people facing such allegations. Consulting with an assault charges lawyer in California or wherever you live is essential to navigate the complexities of the assault charges. They will be able to assess the specific circumstances of the case, and develop a robust defense strategy.