San Bernardino Assault Lawyer

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San Bernardino Assault Attorney

Being accused of assault is a serious allegation and charge. If you are facing an assault charge, you may be wondering how to proceed and if your life will change forever. Assault convictions have severe consequences, and you should seek a San Bernardino assault lawyer as soon as possible. Misdemeanor and felony assault convictions come with hefty penalties in California. Enlisting a skilled Assault attorney from The Law Offices of Julian Ducre means you have someone fighting for your rights, including the right to be innocent until proven guilty. You deserve legal support that will relentlessly advocate for you during this difficult time.

ASSAULT

In the state of California, an assault is defined as an unlawful threat or attempt to harm a person in association with the present ability to give violent injury to that person. In the case of assault, there does not need to be any physical contact between the victim and the person accused. This can lead to a false accusation or false arrest.

Explaining Simple and Aggravated Assault

The main difference between simple assault and aggravated assault is the amount of harm threatened or committed during the act. With simple assault, the perpetrator caused a small amount of damage. Being charged with a misdemeanor simple assault is likely to be the result of causing limited bodily harm to someone else.

Aggravated assault is much different. When a person commits aggravated assault, they cause or threaten serious injury to someone. These charges typically involve weapons, threats of significant force, or hate crimes. If someone claims fear of serious harm, you will most likely receive an aggravated assault charge.

What Does an Assault Lawyer Do?

An assault lawyer advocates for your rights in an assault case above all else. The prosecution has to prove beyond a reasonable doubt that you are guilty of the charges, but your assault lawyer must prove that you are innocent of what you are charged with. Julian Ducre understands the importance of maintaining your innocence in the public eye. He will work tirelessly to preserve your reputation.

Assault lawyers have many defenses at their disposal, and the correct one for your case will depend on the details involved. It is always wise to answer your assault lawyer’s questions thoroughly so that they are aware of all details regarding the evidence or lack of proper evidence in your case.

Strategic Defenses to Defend Your Rights

The Law Offices of Julian Ducre understands that facing an assault charge can be scary. Even if you believe the court will find you guilty, hiring an attorney who can use their knowledge and experience to defend your rights makes sense.

The defense used for your case will depend on the factors involved. Defenses that work for assault cases can differ widely. While some cases seem straightforward, others may be complex and require a different approach.

The state believes an assault is when one person puts another person in fear of imminent harm. If you receive an assault charge under the presumption that you threatened someone, that threat will have to be proven in a court of law. The court will also need to believe that the victim was in fear of the harm threatened. There are many common defenses against threat charges and other forms of assault.

Self-Defense and Defense of Others

Arguing self-defense is possibly the most common defense for assault cases. A successful self-defense claim involves showing:

  • You faced a threat of unlawful harm or force
  • You perceived the danger and reasonably feared harm
  • You did not provoke the harm or threat
  • You could not reasonably retreat or escape

Additionally, a self-defense claim must be proportional to the threat you perceived. The difference between self-defense and defense of others is that in defense of others, you perceive harm would happen to someone other than yourself and act based on that perception.

Defense of Property

When someone invades or illegally withholds your property, you have a right to defend it reasonably in California. A primary factor of this defense is that it needs to be reasonable. The defense rests on the force you used, which is the amount a reasonable person would have used in the same circumstances.

The burden of proof for this defense is proving that you used more force than was reasonably necessary to protect your property.

When you work with The Law Offices of Julian Ducre, you receive a detailed consultation to determine the ideal defense for your case. After understanding your situation, the most robust case can be built against your prosecution. The charges will be thoroughly investigated, evidence gathered, and witnesses interviewed when necessary. A great defense takes time. With The Law Offices of Julian Ducre, your time and investment will be used wisely.

Possible Assault Conviction Penalties

Assault is a violent crime that can have severe penalties. Under PC 240, assault is considered a misdemeanor. If you are convicted of assault, you may be sentenced with the following possible punishments:

  • Up to 3 years of summary probation
  • Up to 6 months of imprisonment in the county jail
  • Up to a $1,000 of fine

If you are a accused of assault you need a strong defense. Julian Ducre is a dedicated and experienced criminal defense attorney. His tactics may prove effective in your case and may help you in dismissing or reducing your assault charges. Call Julian’s office today to schedule a free consultation: (951) 662-2022.

Defending clients throughout Inland Empire & Pomona Valley, including:

  • Fontana
  • Chino
  • San Bernardino
  • Rancho Cucamonga
  • Ontario
  • Pomana

How Much Does an Assault Lawyer Cost in California?

While some believe that all criminal defense lawyers charge exorbitant rates, this is not always accurate. The amount an assault lawyer costs in San Bernardino depends on the factors of the case. If you are deciding if a criminal defense lawyer is correct for you, it is wise to look at their experience in your area. It is vital that your attorney has experience getting results and protecting the client’s rights.

Great representation can be the difference between the court understanding the facts of your case and the facts getting misconstrued. With proper legal representation, you can get a lighter sentence if convicted, and overall, you can save time and money.

Should You Get an Assault Lawyer?

Suppose you are having a difficult time with the legal process and debating whether you should get an assault lawyer. In that case, it is essential to remember what not having a lawyer may mean: the harshest sentence possible.

Julian Ducre understands that sometimes assault charges are based on false accusations. He will work to investigate the details of your case to find any inconsistencies or weaknesses in the prosecution’s arguments.

The opportunity cost of going into an assault trial without representation is too high. Depending on the factors of your case, you could be facing charges that will dramatically change your life if you are convicted. While it is possible to represent yourself, taking those chances may result in a much longer sentence than you expect. It is never wise to face criminal charges alone, especially not for violent crimes.

We Can Fight Your Assault Charge

Do not face your assault charges alone. Let Julian Ducre help you navigate the California legal system. He has the knowledge and experience necessary to understand the complexities of San Bernardino assault cases. Contact The Law Offices of Julian Ducre today to discuss your situation. He will explore all potential defenses to protect your rights and get you the results you deserve.