Legal Defenses From Your California Assault Charges

Common Defenses To Assault Charges

Legal Defenses From Your California Assault ChargesIn California, assault charges and battery are two separate and distinct crimes. The law states that assault is an unlawful attempt to violently harm another individual. Meanwhile, battery is the actual use of force on someone else. This means that you can face assault charges even if you do not actually injure anyone else. However, skilled defense attorneys can assist you because there are numerous common defenses to assault charges.

No Assault Charges Because of Self-Defense

One of the most common defenses to violent charges, including assault, is that you acted in self-defense. Though it is legally referred to as self-defense, you can also argue that you were defending other individuals and therefore should not face criminal liability. Whether you were protecting yourself or others, to claim you acted in self-defense, you must show that:

  • You had a reasonable belief that either yourself or another individual or individuals were in immediate danger of:
    • Either suffering bodily harm; OR,
    • Being unlawfully touched or groped.
  • You also had a reasonable belief that only through immediate use of force could you stop the danger to yourself or the other individuals; AND,
  • You did not use any more force than necessary to prevent, defend against, or stop the danger.

Proportionality is vital to any self-defense argument. You must show that you did not escalate the situation by using disproportionate violence. For example, if you see a street brawl breaking out, it is likely not appropriate to then drive your car through the melee at high speed.

You Lacked the Ability to Inflict Violence

The second common defense to assault charges hinges on whether you could apply force to someone else. California’s assault law includes a clause requiring the accused had the present ability to apply violence or force to the supposed victim. Therefore, if you could not physically touch the other person, you did not commit an assault.

Think about a bar fight you got swept up into. If you and your friends were being accosted by another group of drinkers, someone might decide to get violent. But if another one of your friends drags you into a corner to prevent you from fighting, you could not assault any of the other group that remains at the bar. Even if you are flailing, throwing punches in their direction, you could not inflict violence because you physically could not reach them.

Remember, you do not have to harm anyone to commit assault. So, if you are close enough to connect but your punch did not land, you can still face assault charges. Only if you are too far away will this legal defense apply.

Other Defenses to California Assault Charges

To be convicted of assault, you must have acted willfully. That means you can argue that you did not act willfully to defend yourself from an assault charge. For example, if you are on a crowded bus, your hand may have accidentally brushed against a man’s backside. If you took this action willfully, it could be charged as assault. But because it was an accident, you did not intend a harmful touch.

Often, assaults occur in chaotic situations such as fights or crowded spaces. False accusations can stem if someone believes you were the one who hit them, even though it was actually someone else. In a crazy bar scrap, someone can be punched without being sure who hit them. If this occurs, you can defend yourself by showing that you were falsely accused of the assault.

If you believe you were wrongfully charged with assault in Orange, California, Chambers Law Firm can help. Our experienced criminal defense team can determine the best legal defenses for your case. Call us at 714-760-4088 or email dchambers@clfca.com today to schedule a free consultation.

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