Aggravated Assault

Aggravated assault is defined as an unlawful attack by one person upon another with the intent to inflict severe or aggravated bodily injury. These assaults often involve the use of a weapon or other means likely to cause death or serious bodily harm. For this reason, aggravated assaults are frequently referred to as assault with a deadly weapon under California Penal Code 245(a)(1).

To prove that a defendant is guilty of aggravated assault, the prosecutor must demonstrate beyond a reasonable doubt that the defendant willfully assaulted another person, with or without a deadly weapon. A deadly weapon does not need to be a conventional weapon like a gun or knife; it can include any object used as a weapon, such as a shoe, a bottle, or a brick.

Penalties for Aggravated Assault

Aggravated assault is classified as a ‘wobbler’ under California law, meaning it can be charged as either a misdemeanor or a felony. This determination depends on several factors, including:

• The type of weapon or instrument used in the assault,
• Whether the victim sustained an injury,
• The severity of the injury, and
• Whether the victim was law enforcement or other protected personnel.

The maximum sentence for misdemeanor assault with a deadly weapon is one year in county jail. Felony aggravated assault, however, is a serious offense, carrying a potential sentence of up to four years in state prison or county jail, a fine of up to $10,000, or both.

Examples of Defenses Against Aggravated Assault

One of the most common defenses to aggravated assault is self-defense. If you reasonably believe you or another person is in immediate danger of suffering great bodily injury, you are permitted to use as much force as is reasonably necessary to defend yourself or others. In such cases, you are not guilty of aggravated assault.

Other possible defenses include:

• Lack of present ability: If, at the time of the incident, you had no actual ability to carry out the assault or to use force likely to produce great bodily harm, you cannot be convicted of aggravated assault. For instance, if you threatened to shoot someone but had no gun or knew the gun was unloaded, this defense may apply.
• Accidental assault: If you unintentionally assaulted someone without intending to do so, your actions do not meet the criteria for assault with a deadly weapon.

Even if the evidence against you is overwhelming or you have confessed, we invite you to contact us as soon as possible. If the least we can do is have the charges reduced, this may help you avoid a strike or a felony on your record.