Aggravated assault is a serious criminal offense. Understanding what is considered aggravated assault is crucial when facing criminal charges in California. A conviction of a serious crime like this can lead to life-altering consequences like substantial fines, lengthy terms of imprisonment, and more. It is crucial that you understand the legal definition of any crime you are charged with as well as the associated penalties. Work with a knowledgeable Tehama County violent crimes lawyer for skilled representation and legal advice during your case.
What is Considered Aggravated Assault in CA?
It is important to understand the difference between assault and aggravated assault. In California, assault is defined as the unlawful attempt, paired with the ability, to commit a violent injury on another person. Aggravated assault in CA refers to a crime that is more severe than simple assault.
When an assault is combined with certain aggravating factors, the charges become escalated. Aggravated assault involves a clear intent to commit serious bodily harm and major damage with disregard for the individual’s life. An assault that is committed with the use of a deadly weapon can automatically be considered aggravated.
In some cases, assault can be considered aggravated if the crime was committed against a protected or particularly vulnerable class of people. This can include law enforcement officers, emergency responders, elderly adults, children, etc.
What Are the Penalties for Aggravated Assault?
The penalties for aggravated assault will vary depending on the specific circumstances and details of the situation. Aggravated assault is a wobbler in California, meaning it can be charged as either a misdemeanor or felony depending on the details of the offense. Under Penal Code Section 245(a), the penalties for aggravated assault are as follows.
Assault with a deadly weapon or instrument other than a firearm:
- Imprisonment in state prison for up to 4 years or county jail for up to 1 year
- Fines of up to $10,000
Assault with a firearm:
- Imprisonment in state prison for up to 4 years or county jail for up to 1 year
- Fines of up to $10,000
Assault with a machinegun, assault weapon, or rifle:
- Imprisonment in state prison for up to 12 years
- Fines of up to $10,000
Assault by means of force likely to produce great bodily injury:
- Imprisonment in state prison for up to 4 years
- Fines of up to $10,000
Each of these charges can be accompanied by victim restitution, periods of probation, community service, anger management courses, and more. If you are facing aggravated assault charges in California it is crucial that you understand your legal rights and defense options. Reach out to an experienced criminal defense attorney today for more information and representation.
