It can be a stressful and traumatic experience to face the charges of aggravated assault. Your career and reputation are at risk, and you could also face high fines and jail terms. In addition, it is often challenging to prove your innocence when facing assault charges. If you face aggravated assault charges, it is crucial to seek the services of a skilled attorney to represent you. Your criminal defense attorney will work to reduce or even drop your charges. An attorney could also negotiate with the prosecutor for a plea bargain, whereby you will face charges for a lesser offense in exchange for a guilty plea. We invite you to contact the Sex Crimes Attorney if you face aggravated assault charges in California. Our attorneys have the experience and the expertise to fight for a fair outcome of your case.

Aggravated Assault Explained

Aggravated assault is an assault offense that is more serious than a simple assault. Typically, this constitutes using a deadly weapon, an assault that causes serious injury, or an assault on a particularly vulnerable victim. Some of the aggravated assault offenses under California law include the following:

  • Assault using caustic chemicals — PEN 244.
  • Assault with a deadly weapon — PEN 245(a)(1).
  • Assault with a firearm — PEN 245(a)(2).
  • Assault by means likely to cause great bodily harm — PEN 245(a)(4).
  • Assault with a deadly weapon on a school employee — PEN 245.5.

Assault Using Caustic Chemicals — Penal Code 244

It is an offense to place or throw flammable or caustic substances at another person intending to disfigure or injure that person. According to Penal Code 244, caustic chemicals are typically substances that can corrode or burn living tissue. One type of caustic chemical is ''Vitriol''. Vitriol is usually sulfuric acid and associated compounds. This statute also applies to flammable chemicals with a flashpoint of 150 degrees Fahrenheit or less. Flashpoint means the lowest temperature at which the vapor of the liquids can ignite. Therefore, the lower the temperature, the more quickly the chemical ignites.

You act ‘’willfully’ if you do something on purpose. On the other hand, you act ‘’maliciously’’ by doing the following:

  • Engaging in an illegal act on purpose.
  • Acting with unlawful intent to annoy, defraud, disturb, or injure another person.

Usually, prosecutors charge assault with caustic chemicals as a felony. The possible penalties you face include the following:

  • A fine that does not exceed $10,000.
  • A jail term of two, three, or four years in a state prison.

The judge could also sentence you to formal or felony probation. You will serve up to one year in county jail if the judge sentences you to probation. However, you will still have to pay a fine, and you could be subject to various conditions of probation, including:

  • Adhering to the protective order to keep off from and not harass the victim.
  • Participate in community service or community labor.
  • Participate in group or individual therapy.
  • Paying restitution to the victim.

You could raise a legal defense to contest PC 244 charges, including:

  • You acted in self-defense or defense of others.
  • You did not intend to disfigure or injure the other person.
  • You did not act willfully or maliciously.

Assault Using A Deadly Weapon — Penal Code 245(a)(1)

According to Penal Code 245(a)(1), assault using a deadly weapon means attempting to attack or attack someone else using a dangerous weapon. This statute requires the prosecutor to prove the following elements for you to face the charges:

  • You executed an act, which by its nature, would lead to the direct application of force to another person.
  • You executed the act with force or a lethal weapon, which was likely to cause great bodily harm.
  • You executed the act willfully.
  • When you acted, you knew that a reasonable person would believe that the action would directly and possibly lead to the application of force on that person.
  • When you acted, you could use force with a lethal weapon or force that would cause great bodily harm.

The prosecutors often charge assault with a deadly weapon as a wobbler. You could face misdemeanor or felony charges. If the prosecutor accuses you of a misdemeanor, you could face the following penalties:

  • A fine that does not exceed $1,000.
  • Summary or misdemeanor probation.
  • A jail term of not more than one year in a county jail.

When the prosecutor accuses you of a felony, you could face the following punishment:

  • A jail term that does not exceed four years in a state prison.
  • A fine that does not exceed $10,000.
  • Formal or felony probation.

However, the above punishment could change if you committed the offense on a firefighter or the police or used a firearm. The prosecutor could charge you with a felony if:

  • You assaulted a firefighter or peace officer.
  • You were aware or reasonably should have been aware that the person was a firefighter or peace officer.

In this case, you could face a jail term that does not exceed ten years in state prison. However, you could also serve a jail term that does not exceed twelve years in state prison if you committed the crime using a firearm.

The prosecutor could still charge a violation of PC 245(a)(1) as a wobbler if you used an ordinary firearm, like a pistol or revolver. If the prosecutor charges you with a misdemeanor, you could face a jail term that does not exceed six months. On the other hand, the prosecutor could charge you with a felony if you committed the crime with a machine gun, a .50 BMG rifle, or a semi automatic firearm.

A violation of Penal Code 245(a)(1) could count as a strike on your record depending on the following:

  • If you used force or a deadly weapon to cause great bodily harm.
  • If you inflicted significant bodily injury to the victim.
  • Whether the prosecutor charges you with a misdemeanor or a felony.

You could also face negative effects on your gun rights if the prosecutor charges you under PC 245(a)(1). For example, if you are accused of a felony, the law prohibits possessing or owning a gun.

You could also face negative immigration consequences if the court charges you under this statute. For example, if you commit an aggravated felony and are a non-citizen, you can be marked as inadmissible or deported from the United States.

You can challenge Penal Code 245(a)(1) charges as follows:

  • You acted in self-defense.
  • No willful act.
  • No deadly weapon.

Assault With A Firearm —Penal Code 245(a)(2)

According to Penal Code 245(a)(2), assault with a firearm means attacking another person using:

  • Assault weapon.
  • .50 BMG rifle.
  • Machine gun.
  • Semiautomatic firearm.
  • Shotgun.
  • Rifle.
  • Pistol.

You could execute the assault in the following ways:

  • Shooting another person.
  • Firing a gun at the other person.
  • Pistol-whipping or striking another person.
  • Pointing a firearm at another person.

You could face assault with firearm charges under the following situations:

  • Going to your car, taking a gun, and trying to use it to club someone else after losing at a pool game.
  • Retrieving a rifle from the trunk of your vehicle and waving it to another person during an argument over a parking space.

The prosecutor must prove the following elements for you to face the charges under PC 245(a)(2):

  • You executed the crime with a firearm, which by its nature, would lead to the direct use of force on another person.
  • You executed the offense willfully.
  • When you acted, you knew that your actions would make a reasonable person believe that the action would directly lead to the use of force on someone else.
  • When you acted, you could use force with the firearm.

You will face punishment for assault with a firearm based on the type of firearm you use. The prosecutor could charge the crime as a wobbler if you used an ordinary or generic firearm.

You could face misdemeanor or felony charges based on your criminal history and the circumstances of your charges. You could face the following penalties if the prosecutor charges you with a misdemeanor:

  • A fine that does not exceed $1,000.
  • A jail term of at least six months and up to one year in a county jail.
  • Summary or misdemeanor probation.

You could face the following penalties if the prosecutor accuses you of a felony:

  • A fine that does not exceed $10,000.
  • Formal or felony probation.
  • A jail term of two, three, or four years in a state prison.

If you committed an assault using a .50 BMG rifle, an assault weapon, a machine gun, or a semi automatic firearm, your state prison jail term would increase to:

  • Three, six, or nine years for a semi automatic firearm.
  • Four, eight, or twelve years for a .50 BMG rifle, assault weapon, or a machine gun.

Your penalties will increase if:

  • You attacked a firefighter or peace officer while on duty.
  • You were aware of, and you reasonably should have been aware, that the victim was a firefighter or peace officer on duty.

In this case, the prosecutor could charge you with a felony. The possible prison sentence could be:

  • Four, six, or eight years for an ordinary firearm.
  • Five, seven, or nine years for a semi automatic firearm.
  • Six, nine, or twelve years for a .50 BMG rifle, assault weapon, or a machine gun.

Some of the defenses you could raise for this charge could include the following:

  • You were falsely accused.
  • You acted in self-defense.
  • You did not act willfully or with the required intent.

Assault By Means Likely To Cause Great Bodily Injury — Penal Code 245(a)(4)

According to Penal Code 245(a)(4), it is an offense for you to:

  • Commit an assault.
  • To commit an assault by force, which can likely cause great bodily harm.

An assault is an illegal attempt to injure another person using violence. No physical injury has to be sustained for an assault to happen. Great physical harm is a significant injury, like a gunshot wound, a jaw fracture, or a broken bone. Unlawful acts according to this statute include:

  • Attempting to stab your ex-boyfriend or girlfriend in the thigh with a knife.
  • Swinging a baseball bat violently near the rib cage of your colleague.
  • Throwing a brick at your neighbor’s face, but luckily your neighbor ducks.

Prosecutors often charge a violation of PC 245(a)(4) as a wobbler. You could therefore face misdemeanor or felony charges based on your criminal history and the facts of your charges. When the prosecutor accuses you of a misdemeanor, you could face the following penalties:

  • A fine that does not exceed $10,000.
  • A jail term that does not exceed one year in a county jail.

If the prosecutor accuses you of a felony, you could face the following penalties:

  • Two, three, or four years jail term in a state prison.

The defenses you could present against these charges could be as follows:

  • You were falsely accused.
  • Your acts were not likely to cause great bodily harm.
  • There was no assault.

Assault Using A Deadly Weapon On A School Employee — Penal Code 245.5

It is a crime under the Penal Code for any person to assault a school employee with a deadly weapon, a taser or stun gun, or a firearm. This statute requires the prosecutor to prove the following elements for you to face the charges:

  • You were aware or should have been aware that the said victim was a school employee engaged in his/her duties.
  • The employee was carrying out his/her duties, like school activities on or off school property.

A ‘’school employee’’ could be any individual employed as:

  • A classified employee of a school district on a part-time or full-time basis.
  • Probationary certificated.
  • A permanent employee.

This includes school administrators, bus drivers, and teachers in the school system.

A violation of PC 245.5 is often charged as a wobbler. You could face misdemeanor or felony charges. The penalties you could face always depend on the object you used to commit the assault. If you used a deadly weapon other than a firearm, then you could face these penalties:

  • A jail term that does not exceed one year in a county jail.
  • A jail term of three, four, or five years in a state prison.

If you used a firearm, you could face these penalties:

  • A jail term of between six months to one year in a county jail.
  • A jail term of four, six, or eight years in a state prison.

If you used a taser or stun gun, you could face these penalties:

  • A jail term that does not exceed one year in a county jail.
  • A jail term of two, three, or four years in a state prison.

You could present the following defenses to contest your charges:

  • No probable cause.
  • Duress.
  • No school employee.

The Immigration Consequences Of An Aggravated Assault Conviction

An aggravated assault conviction could have negative immigration consequences. For example, you could be marked inadmissible into the U.S. or even face deportation.

Aggravated Assault And Your Gun Rights

Convicted felons are not allowed to possess or own guns. Therefore, you will lose your gun rights if the prosecutor accuses you of felony aggravated assault.

Expungement Of Aggravated Assault Charges

After an aggravated assault conviction, you can seek the expungement of your criminal record. You would qualify for expungement only if you did not serve time in state prison. You should have received either a county jail term or probation. In the case of probation, you should have completed the probation.

Related offenses

There are several offenses related to aggravated assault, including:

Battery On Peace Or Police Officer — Penal Code 243(b) and 243(c)

You could commit this crime by unlawfully touching a peace officer or other protected official in an offensive or harmful manner. You will only face charges if your crime involves touching the officer while he/she is performing their duties. Other protected individuals under this statute include:

  • Paramedics or medical technicians.
  • Firefighters.
  • Private security guards.
  • Animal control officers.
  • Lifeguards.
  • Process servers.
  • Employees of a probation department.

Examples of the illegal acts you could face charges for include:

  • Pushing a paramedic while offering medical care or medical treatment.
  • Hitting a police officer with a frozen bottle of water during a protest.
  • Scratching and stomping on an officer’s foot while resisting arrest.

If the prosecutor accuses you of violating PC 243(b) and 243(c), he/she must prove the following elements:

  • The victim was a peace officer or other protected individual carrying out their duties.
  • You willfully and unlawfully touched the victim in an offensive or harmful manner.
  • When you acted, you were aware or reasonably should have been aware that the victim was a peace officer or other protected individual carrying out their official duties.

You could face misdemeanor charges if you are found guilty of violating Penal Code 243. Some of the penalties you could face include the following:

  • A fine that does not exceed $2,000.
  • A jail term that does not exceed one year in a county jail.

If you inflict physical injury on the officer, which needs medical treatment, the prosecutor will charge your crime as a wobbler. You could therefore face misdemeanor or felony charges based on your criminal record and the facts of your case. When the prosecutor accuses you of a felony, you could face these penalties:

  • A fine that does not exceed $10, 000.
  • A jail term that does not exceed three years in a state prison.

However, you could get your conviction expunged according to Penal Code 1203.4. This is true, provided you complete your probationary or jail term.

The defenses you could raise for these charges could include the following:

  • Officer not engaged in official duties.
  • It was not a willful act.
  • Self-defense.

Battery Causing Serious Bodily Injury — Penal Code 243d

This offense involves striking or touching someone else in an offensive or harmful manner, causing the person to sustain a severe injury. Examples of unlawful acts under PC 243d include:

  • Pushing someone else into a bathroom mirror, causing it to shatter and cut their neck.
  • Punching another person and breaking their nose.
  • Grabbing someone else's arm and dislocating their elbow during a burglary.

If the prosecutor accuses you of violating PC 243d, he/she must prove the following elements:

  • You willfully and unlawfully touched another person in an offensive or harmful manner.
  • The victim sustained a severe bodily injury because of the force or touching.

Prosecutors often charge a violation of PC 243d as a wobbler. You could face misdemeanor or felony charges based on your criminal record and the facts of your charges. If the prosecutor accuses you of a misdemeanor, you could face the following penalties:

  • A fine that does not exceed $1,000.
  • A jail term that does not exceed one year in a county jail.

If the prosecutor accuses you of a felony, you could be subject to the following penalties:

  • A fine that does not exceed $10,000.
  • A jail term that does not exceed four years.

According to Penal Code 12022.7, you could face penalty enhancement if you commit felony battery and cause the victim to suffer a significant bodily injury. If this enhancement applies, you could face an additional jail sentence of three to six years.

You could raise the following defenses to contest your PC 243d charges:

  • It was an accident.
  • There was no serious injury.
  • Self-defense.

Sexual Battery — Penal Code 243.4

This crime involves touching the intimate parts of someone else, against their will, for sexual abuse, sexual arousal, or sexual gratification. Sexual battery does not necessitate actual sexual intercourse or sexual penetration. You can face sexual battery charges even if you are involved with the victim in an ongoing sexual relationship.

You could face misdemeanor charges if the offense you committed involved the following:

  • Touching another person’s intimate part.
  • You did so against his/her will.
  • You did so for sexual abuse, arousal, or gratification.

The court could impose the following penalties on you if it charges you with misdemeanor sexual assault without aggravating factors:

  • Summary or informal probation.
  • A fine that does not exceed $2000 or a fine that does not exceed $3000 if the said victim was your employee.
  • A jail term that does not exceed six months in a county jail.

The court could charge your crime as a wobbler if there are aggravating factors, like:

  • Fraudulently persuading another person that touching serves a medical purpose.
  • The victim is disabled, incapacitated, or institutionalized.
  • Illegal restraint.

If one of the aggravating factors applies, you could face misdemeanor charges that could attract the following penalty:

  • One-year jail term in a county jail.

If one of the aggravating factors applies, you could face felony charges that could attract the following penalties:

  • A fine of $10,000.
  • Formal probation.
  • A jail term of two, three, or four years in prison.

Find a Experienced California Sex Crime Defense Lawyer Near Me

Aggravated assault is a serious offense with severe consequences. If you or a loved one faces aggravated assault charges in California, the Sex Crimes Attorney will help you create a defense to fight the charges. Contact us at 888-666-8480 to talk to one of our attorneys.