Your Trusted California Felony Assault Defense Attorney

Not every altercation is straightforward. Maybe a heated argument got out of hand, or a person needed to defend themselves in a threatening situation. Perhaps someone misinterpreted another’s actions, resulting in an accusation.

A felony assault charge can change a person’s life. However, everyone has the right to defend themselves in court. I am Marc Pelta, a San Francisco criminal defense attorney who brings a unique perspective to assault cases through my experience on both sides of the courtroom. At my firm, Pelta Law, let me use my combined experience as a former prosecutor and defense attorney to protect your rights.

What Is Felony Assault In California?

Under California Penal Code Section 245, felony assault involves using force in a way that is likely to cause serious bodily injury, such as attacking someone with a deadly weapon. This is much more serious than simple assault, which is only an attempt to use force against another person.

When a prosecutor charges felony assault, they must prove that the defendant had both the ability and intent to cause serious harm. Penalties can include state prison time of two to four years and fines of up to $10,000, depending on the specific circumstances of the case. As your defense attorney, I will scrutinize every element of the prosecution’s case and challenge evidence that doesn’t meet the legal standard.

Is Assault The Same As Battery?

Assault and battery are different offenses. Assault involves a person attempting or threatening to harm someone else, while battery involves an individual actually making harmful contact with the victim. A person can face assault charges even if they never touched the other person. However, a defendant can receive a combined charge of assault and battery if their actions include both threats and physical contact.

What Evidence Is Needed To Prove Assault?

Prosecutors must show three key elements to prove assault:

1. The defendant acted intentionally.
2. The defendant had the present ability to use force.
3. A reasonable person would believe that the defendant’s actions could result in harmful contact.

Having worked on both sides of assault cases, I know where to look for gaps in the evidence and how to build solid defenses for my clients.

Is Assault Always A Felony In California?

In California, assault isn’t always a felony. Simple assault, under Penal Code 240, for example, is usually a misdemeanor. However, assault can become a felony crime when it involves the following circumstances:

• The use of a deadly weapon
• Force likely to cause great bodily injury
• Assault against protected persons like police officers
• The use of firearms or other specified weapons

Take note that certain assault charges are “wobblers” under California law, meaning that they can be either felony or misdemeanor charges, depending on the specific circumstances and the defendant’s criminal history.

Potential Consequences Of A Felony Assault Conviction

The immediate legal penalties can be severe, especially if there are aggravating factors involved. The court may impose the following:

• Prison time of two to four years in state prison
• Fines up to $10,000
• Formal probation
• Required anger management classes
• Restitution to the victim

A person may also lose the right to own or possess firearms. They may face challenges with employment, housing and loans. For noncitizens, a conviction might trigger immigration consequences.

Moreover, a felony assault conviction also counts as a “strike” under California’s Three Strikes law. This means that if the defendant receives another felony conviction, they may receive double the sentence. A third conviction or strike may lead to a mandatory sentence of 25 years to life in prison.

Common Defenses For Felony Assault Charges

Common defenses in assault cases include:

• Self-defense: The law allows a person to protect themselves or others from immediate harm if they believe the threat is real.
• No intent: The state must prove that the defendant meant to cause fear or harm. An accident is not assault.
• False claims: Some assault claims may arise from personal conflicts where someone potentially exaggerated or lied about what happened.
• Wrong identification: Witnesses can make mistakes about who they saw, especially in confusing situations.
• Lack of proof: The state must prove every part of the charge beyond a reasonable doubt.
• Witness credibility: The defense may challenge witness accounts if they weren’t able to see clearly at the time of the offense or are showing a bias.

While these defenses are common, every case has its own unique circumstances. A thorough review of all evidence is necessary. As your attorney, I will study every detail – from police reports to witness statements – to understand your full situation.

Why Choose Pelta Law For Your Felony Assault Defense?

When facing serious assault charges, having the right attorney makes all the difference. I understand what’s at stake – your freedom, your reputation and your future. Since establishing my practice in 2008, I’ve dedicated my work to defending people when they need it most. My experience as a former prosecutor gives me a distinct advantage in building your defense. I know how prosecutors think, what evidence they need and where their cases often fall short.

This insight, combined with more than a decade of criminal defense work, helps me create strategies that effectively protect my clients’ rights. I’m qualified to defend you at every level of our justice system, from California state courts to the Supreme Court of the United States. When you work with me, I will handle every aspect of your defense myself. I believe that your future deserves nothing less than my full commitment.

When Every Detail Matters, Get An Experienced Lawyer On Your Side

An assault charge can turn your life upside down – but there can be a clear path forward. Every case contains critical details that can shift the outcome in the defendant’s favor. I’ll guide you through each step to ensure that you are prepared to make well-informed decisions about your case.

Ready to discuss your defense options? Call Pelta Law at 415-853-8627 or reach out through my contact page to schedule a consultation.