When assault is defined in California, the law says the activity is an intentional attempt to hurt someone physically or act in a threatening or menacing manner–a manner that causes an individual to believe that he or she is going to be attacked. Therefore, assault does not necessarily involve physical contact. Battery is the intentional use of violence or force against another person. An even more serious crime is assault and battery with a deadly weapon, which is considered a felony.
Defining the Severity of the Crime
If you speak to a criminal law lawyer in Torrance, CA, he or she will tell you that simple assault or battery is a misdemeanor. However, certain crimes under this heading can be labeled by a prosecutor as a misdemeanor or a felony. When a prosecutor uses his or her discretion to define an assault or battery as a misdemeanor or felony, the crime is considered a wobbler. In other words, the crime is considered both a misdemeanor and felony.
As a result, a criminal law lawyer who defends you in such a case must show the court why your crime should be considered a misdemeanor. While a prosecutor can define a wobbler as a felony or misdemeanor, the judge will have the final word. Therefore, your defense attorney keeps this in mind when he or she is defending you.
Defining Simple Assault
According to criminal law lawyer firms, the facts surrounding a crime as well as its circumstances determine whether a prosecutor will define a wobbler as a misdemeanor or felony. Usually, taking a swing at a person but not striking him or her is considered a simple assault. In addition, making a threat to hit a person with an object is defined as an assault. In assault cases, the identity of the victim will determine the severity of the charge and the resulting punishment.
Who to Contact in California
If you want to schedule an appointment with a criminal defense attorney, contact Michael D. Shook, Attorney At Law in Torrance, CA. Phone the office at 310-328-6650 to schedule a consultation today. Talk to an experienced attorney who can provide you with a fair defense. You can pay a visit to Facebook page for more information!