Assault Attorney In Oakland, California

According to NeighborhoodScout.com, the crime rate in Oakland, California is 78.73 incidents per 1,000 residents. If you have serious criminal charges like assault or battery being brought against you, you have the right to a fair and honest legal defense. Having a skilled criminal defense attorney who is committed to providing comprehensive legal guidance means you have someone in your corner who will defend your rights.

My firm — Darryl A. Stallworth Law Office — serves clients throughout Oakland, California, and the surrounding communities of Alameda County, Northern California, San Francisco, and the greater Bay Area. I am committed to providing you with a strong defense to pursue a favorable outcome in your case.

If you are facing assault charges, you can rely on my extensive experience to help you pursue the best possible outcome in your case. Reach out to me today to schedule a consultation. Together, we can discuss the details of your case and get started on building a strong defense.

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Defining Assault

Under California law, assault is defined as any “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Assault is an umbrella term, and within it, there are two different types: simple assault and felony assault. The difference between the two lies in the circumstances and severity of the crime as well as the penalties that can be handed down if you are convicted.

Simple Assault

Simple assault is a misdemeanor crime. There are a few elements that must be satisfied under the California Penal Code in order for someone to be charged with and convicted of simple assault. In order for simple assault to occur, you must:

1. Do something that involves applying force to another person
2. Do the act willfully
3. Be aware of facts that should make you realize that your actions would result in applying force
4. Have the present ability to apply force
5. Possess no legal excuse for your actions

Notably, self-defense does not qualify as simple assault. Examples of simple assault would be throwing rocks or other objects at someone or punching someone in the face.

If you are convicted of simple assault, you could face six months in county jail, a fine of up to $1,000, or both.

Felony Assault

Felony assault is more severe and is, as the name indicates, a felony charge. An assault goes from being a misdemeanor to a felony if there is a deadly weapon involved, you assault a public officer, there are caustic chemicals involved, or if you intend to inflict great bodily injury. The elements remain the same, but since the crime is more severe, you will be charged with a felony.

If you are convicted of felony assault, the jail sentence increases depending on the details of the situation.

Defining Battery

Battery is defined by the California Penal Code as “any willful and unlawful use of force or violence upon the person of another.” In order to be convicted of battery, this must be proved without a reasonable doubt. Once again, self-defense or defense of another person is an exception.

Battery is considered a misdemeanor and is punishable “by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.”

Examples of battery include spitting on someone or pushing someone. Similar to assault, battery can be charged as a felony if there are more severe elements involved, such as serious bodily injury.

Assault Attorney Serving Oakland, California

If you have assault or battery charges being brought against you, having an experienced criminal defense attorney on your side can make a big difference. If you live in Oakland or the surrounding areas of Alameda County, San Francisco, or the greater Bay Area of Northern California, call me at Darryl A. Stallworth Law Office today for skilled legal representation.