Law Office of David P. Shapiro - San Diego Criminal Defense Attorney




2550 Fifth Ave Suite 1050, San Diego, CA 92103

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– We’re with David Shapiro. David is a criminal lawyer in San Diego, California and has agreed to answer some online questions specifically related to assault and battery. David with that said, first question that was posted, this question was posted by Miles. I guess straight forward question, have you ever represented clients charged with assault?

– Yes Miles, I have. 10’s if not 100’s of times.

– Okay, next question was Harvey. What is the difference between a misdemeanor assault and a felony assault?

– Well, there’s a couple of differences. A lot times misdemeanor assaults and felony assaults are charged under the same code section, under the same penal code section. Usually penal code section 245, whether it’s A1, A4, somewhere in between there. And can be charged as felonies or misdemeanors like I said. If it involves a weapon, it can still be charged as a misdemeanor depending on the weapon, depending on the injury, depending on your prior criminal history. That’s a factor that’ll change whether or not the case is filed and charged as a misdemeanor or as a felony. If it’s assault by means of force likely to cause great bodily injury, same type of thing. If it’s a fist fit and there’s a brawl and there’s punches thrown, what’s the extend of the injury, what’s your prior criminal history, were you justified, was it a self-defense claim that might have gone too far, or was it were you were the aggressor? All those factors go into it. Usually what I see as the main issue is the weapon. If it involves a weapon and the extent of the injury if in fact there were injuries or the possibility for injuries.

– Okay, next question we have. This kind of touches on what you just mentioned. Adam says what is assault with bodily injury enhanced in assault and battery charged?

– Well if you’re referring to the enhancement, it could if someone’s injured and it’s demeaned great bodily injury, that could basically turn even as a felony assault, could turn a felony assault into a strike felony assault which would make it a serious felony, a personal use, basically you personally inflicted great bodily injury and then would turn it into a violent strike felony if you did in fact induce or cause great bodily injury. So that’s the main thing. Great bodily injury would up the ante so to speak because it would turn a felony assault by means of force likely to cause great bodily injury which has a four year maximum into a seven year maximum. If someone has GBI, or great bodily injury, alleged, it would add three years on your possible exposure. It definitely makes the case considerably more serious and also in almost every incidence, in fact every incidence will convert a non-strike felony into a strike felony which will affect custody credits if in fact you get sent to custody. It will have an affect basically the rest of your life as far as any future contacts you have with the criminal justice system as well as any background checks moving forward.[/vc_column_text][/vc_column][/vc_row]