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If you are accused of any violent crime, you cannot be convicted if it can be proven that you were acting reasonably under the circumstances to protect yourself. An experienced criminal defense attorney available to help you no matter where you are located in California. https://goo.gl/SJZBTH
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S e l f - D e f e n s e i n A s s a u l t C a s e s i n C a l i f o r n i a
Assault is a common crime, but one that misunderstood. An assault does not require that any person be touched. Rather, it involves you doing a willful act that could result force being another. is often physically in applied physical to
Definition of Assault in California First, we need to define assault. Under California Penal Code Section 240, an assault occurs when you: Did something that was likely to result in the use of force against someone else; Did so willfully; Were aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person; and Had the ability to apply force to the other person. So, if you threw a punch and missed, your act was to swing your arm in the direction of another. You made a decision to move your arm in that manner, so it was willful. You knew that when you threw the punch, you would cause force to be applied to the person if you connected, and you demonstrated the ability to apply this force at the time you threw the punch.
Self-Defense in Assault Cases Let’s rewind time to the moment just before you threw the punch. The other person ran toward you with his arm drawn back and his fist clenched. Seeing this, you threw the punch because you believed that the other person was about to strike you. If you are charged with assault based on this incident, your attorney can raise the defense that you did so only to defend yourself.
To do that successfully, your lawyer must show: It was reasonable for you to believe that you were in imminent danger of suffering bodily injury; It was reasonable for you to believe that the immediate use of force was necessary to defend against that danger; AND You used no more force than was reasonably necessary to defend against that danger Notice the reasonable belief is not your reasonable belief, but rather what a reasonable person in your circumstance would have believed. This means the jury is asked to determine whether it was reasonable for any person in your position to act the same way. Self-defense can include the use of a weapon if it was reasonably necessary to defend yourself against violent force.
It must also be reasonable for you to have believed the imminent. If your attacker yells, “One of these days, I’m going to knock you out!” the threat is not imminent. If your attacker comes toward you angrily, the threat is imminent and you are entitled to defend yourself, so long as you do not use more force than necessary. threat was In California, self-defense is a “stand- your-ground” law, which means you do not have to show that you could have fled from the danger instead of defending yourself.
Proving that you were acting in self-defense can be complicated, which is why it is critical to speak to an experienced criminal defense attorney if you are facing assault charges.
Contact the Criminal Defense Attorneys at Wallin & Klarich Right Away Assault is a serious crime in California. It is critical that you have an experienced attorney helping you use the legal defense of self defense if this is a valid defense to the charges against you. At Wallin & Klarich, our skilled attorneys have been successfully defending clients in assault cases for more than 35 years. We can help you now.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together. Presentation information source: https://www.wklaw.com/self-defense- assault-cases-california/
