A variety of things could happen. The court will look at when the previous situation happened and whether or not it was an assault. They’ll note if it was a straight criminal threat, assault with the deadly weapon, or a battery. The court will look at the background to see any underlying issues the individual may have. The Court might try anger management, depending on their background. They may say, “Enough is enough, this person obviously needs a time out.” They may want to do custody time. Part of this decision depends on whether this charge is a misdemeanor or a felony.
Has the Alleged Victim of an Assault Ever Been the Actual Instigator of Violence?
I’ve dealt with similar cases in which I discovered, after the fact, that the defendant, in a criminal case, was actually the one who called the police department for help. They thought they were being attacked, and then they ended up getting arrested. I know this happens but how it happens is a bit less clear.
Would a Threatening Phone Call Also Be Considered An Assault?
Not necessarily. The person wouldn’t have an ability to carry out the action. However, it could be considered making “criminal threats”.
If I’ve Been Charged with Assault and Have Sustained Heavy Injuries, Can Photographs of My Condition Help My Case?
Heavy injuries are not going to be an outright defense to the assault. Ultimately, California doesn’t necessarily have different classes or degrees of crimes. An assault will be considered an assault regardless of who had more fear. A battery will be considered a battery, regardless of who had greater injuries.
If different tools are used, however, there will be a difference. Perhaps I use a gun to shoot you in the leg, and you use a knife and barely nick me. However, if you came at me first, you won’t be able to use the gun-shot wound as a defense to your assault on me.
Can An Assault Charge Be Expunged From a Person’s Criminal Record?
Assault charges can be expunged. Actually, in California, it’s called a dismissal. The only real requirement is that you’re off probation before applying for the expungement. You can’t have any other pending cases in order to receive a dismissal under Penal Code 1203.4.
Once you’re off probation, and you have no other cases, you can apply. If you don’t have any other violations, any other cases, or any probation violations, then you have a much higher chance of having that expungement request granted than you would if you had some violations.
You can also request to terminate probation early before that probation period actually expires naturally. If you’ve completed all the terms of probation and you don’t have any open cases beyond this one, you can apply for the expungement.
For more information on Treatment of Repeat Assault Offenders, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling [number type=”1″] today.