Can I Still Be Charged With Felony Assault If No One Was Hurt Or Injured?
You can be charged with felony assault even if no one was injured. This is because the law prohibits the use of force, regardless of whether you actually make contact with someone. For example, if you swing a bat at someone’s head or body and it does not make contact with them, the simple act of attempting to apply force would qualify the act as felony assault.
Is Intoxication A Valid Defense To Felony Assault Charges?
Intoxication can be a defense for specific crimes if it can be shown that the alcohol prevented you from developing the intent required as an element of the offense. The success of such a defense would depend on the specific charge and the distinction between voluntary and involuntary actions. In some cases, an unconsciousness defense could be asserted based on the level of intoxication. These types of defenses are usually difficult to make, but they do exist.
What Are The Potential Defenses Used In A Felony Assault Case? Is Self-Defense Ever A Viable Defense?
Self-defense is a viable defense, but it is always limited to the use of a reasonable amount of force. For example, if you were punched by someone, defending yourself by killing that person would not be a viable defense because the amount of force would exceed what would reasonably be required for such an attack. Another defense used in felony assault with a deadly weapon cases is that the weapon was not a legally qualified deadly weapon.
What Are The Sentencing Guidelines For An Assault And An Assault With A Deadly Weapon Conviction?
Assault and assault with a deadly weapon are felony charges that fall within the legislative triad, where probation is a possibility. In California, probation means that you can serve up to one year in jail at the condition of probation. If you receive a prison sentence, you could serve two, three, or four years on 245 or other assault charges. This does not take into account the possible enhancements that could add time, eliminate the possibility of probation, and require the sentence to be served in state prison.
For more information on Felony Assault Charges Not Involving Injuries, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 484-0906 today.