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Arrested for Assault? Read This First.

An assault charge in California isn’t just a misunderstanding—it’s a criminal accusation that could lead to jail time, fines, and a permanent record. Whether it’s simple assault or assault with a deadly weapon, your side of the story deserves to be heard—and protected. Don’t face this alone. Call now and start building a defense that works.

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An assault charge can ruin your life—if you let it. At David P. Shapiro Criminal Defense Attorneys, we treat every case like your future depends on it—because it does. Prosecutors are already building their narrative. We build something stronger: a strategy backed by experience, execution, and absolute control of the courtroom. You don’t need promises. You need a plan—and a legal team that knows how to win when everything’s at stake.

Assault Laws & Penalties in California

Under California Penal Code Section 240, assault is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Importantly, no actual physical contact needs to occur for you to be charged with assault—the attempt itself is enough.

This differs from battery (California Penal Code Section 242), which involves actual harmful or offensive touching. Many clients are surprised to learn they can be charged with assault even if they never physically touched the alleged victim.

Types of Assault Charges in San Diego

California law recognizes several types of assault offenses, each carrying different penalties:

• Simple Assault (PC 240) – A misdemeanor that can result in up to 6 months in county jail and fines up to $1,000
• Assault with a Deadly Weapon (PC 245(a)(1)) – Can be charged as either a misdemeanor or felony, with felony penalties of 2-4 years in state prison
• Assault on a Peace Officer (PC 241(c)) – Enhanced penalties when the victim is a police officer, firefighter, or other protected professional
• Assault with Intent to Commit a Felony (PC 220) – A serious felony charge carrying penalties of 2-6 years in state prison

The specific circumstances of your case will determine which charges you face and the potential consequences.

Penalties for Assault Convictions in San Diego

If convicted of assault in San Diego, you may face:

Simple Assault Penalties

• Up to 6 months in county jail
• Fines up to $1,000
• Probation terms
• Mandatory anger management or counseling
• Restraining orders

Aggravated Assault Penalties

• State prison sentence of 2-4 years (or more with enhancements)
• Fines up to $10,000
• Formal probation
• Strike on your record under California’s Three Strikes Law
• Permanent loss of firearm rights

Beyond these immediate legal penalties, an assault conviction can damage your reputation, limit employment opportunities, affect professional licensing, and create immigration issues for non-citizens.

Charged with Assault? Get a Defense That Fights Back

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Effective Defense Strategies for Assault Charges

Our San Diego assault defense attorneys carefully examine every detail of your case to build the strongest possible defense. Depending on the circumstances, we may employ defense strategies such as:

Self-Defense or Defense of Others

If you reasonably believed you or someone else was in imminent danger of being harmed, your actions may be legally justified as self-defense or defense of others. We’ll gather evidence to show you acted reasonably under the circumstances.

Lack of Intent

Assault requires an intentional act. If your actions were accidental or unintentional, we’ll work to demonstrate that you lacked the required intent to commit assault.

Mistaken Identity or False Accusations

You may have been wrongfully identified as the person who committed an assault, or the accuser might have fabricated allegations against you. We’ll investigate thoroughly to uncover the truth.

Insufficient Evidence

The prosecution must prove every element of assault beyond a reasonable doubt. We’ll challenge any weaknesses in their evidence, from unreliable witnesses to inconsistent testimony.

Violation of Constitutional Rights

If law enforcement violated your rights during the investigation or arrest process, we may be able to have certain evidence excluded from your case.

Why Choose David P. Shapiro Criminal Defense Attorneys?

When facing assault charges in San Diego, having the right defense attorney can make all the difference in the outcome of your case. Here’s why clients throughout San Diego and Chula Vista trust our firm:

• Experience With Assault Cases – We’ve successfully defended numerous clients against assault charges, from simple misdemeanors to serious felonies
• Personalized Defense Strategy – We recognize that every case is unique and create customized defense approaches based on the specific facts of your situation
• Thorough Investigation – Our team leaves no stone unturned, gathering evidence, interviewing witnesses, and consulting experts when necessary
• Local Court Knowledge – We have extensive experience in San Diego and Chula Vista courts and understand the local legal landscape
• Compassionate Approach – We treat every client with respect and dignity, providing clear communication and support throughout the process

Our goal is simple: to achieve the best possible outcome in your case, whether that means fighting for a dismissal, negotiating reduced charges, or winning at trial.

The Legal Process for Assault Cases in San Diego, CA

Understanding what to expect can help alleviate some of the anxiety of facing assault charges. Here’s an overview of the typical process:

Arrest and Booking

After an arrest for assault, you’ll be booked into custody, where your fingerprints and photograph will be taken. Depending on the severity of the charges, you may be released on your own recognizance or required to post bail.

Arraignment

At your arraignment, the charges against you will be formally presented, and you’ll enter a plea. This is where having an attorney already representing you becomes valuable.

Pre-Trial Proceedings

This phase involves discovery (sharing of evidence), filing of motions, and plea negotiations. Your attorney will investigate the case, challenge evidence, and possibly negotiate with prosecutors.

Trial

If your case proceeds to trial, the prosecution and defense will present evidence and arguments before a judge or jury. The prosecution must prove guilt beyond a reasonable doubt.

Sentencing

If convicted, the judge will determine your sentence based on factors such as the severity of the offense, your criminal history, and applicable sentencing guidelines.

With David P. Shapiro Criminal Defense Attorneys on your side, you’ll have experienced guidance at every step of this complex process.

Contact a San Diego Assault Defense Attorney Today

If you or a loved one has been charged with assault in San Diego, don’t wait to get the legal representation you need. The consequences of an assault conviction can affect every aspect of your life for years to come.

At David P. Shapiro Criminal Defense Attorneys, we’re committed to protecting your rights, freedom, and future. Let us put our experience, knowledge, and dedication to work for you.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.

California Central Courthouse

City courthouse in San Diego, California

• Address:1100 Union St, San Diego, CA 92101
• Hours: Open – Closed 4PM
• Phone:(619) 844-2700