Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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You shoved someone after a heated exchange of words. The other person told a police officer, and you are now facing an assault charge. Can this really be true?
It depends on the jurisdiction. Many states say that assault is an act just short of making actual physical contact with someone. You commit the crime by merely doing something that causes a person to reasonably fear an attack or physical harm.
In these states, pushing someone would be classified as a battery as opposed to the crime of assault.
But other states say that assault involves the actual touching of a person with the intent to injure or provoke the person. These states would say that pushing someone is an assault.
The assault laws of some states say that you can face a charge of assault even without touching someone.
These states typically say that you commit criminal assault when:
Assault cases in these jurisdictions could involve you:
Note that these states make a clear distinction between the crimes of assault and battery. While assault does not necessarily involve touching someone, you commit battery if you:
In these jurisdictions, assault is like an attempted battery, and a simple battery is like a completed assault.
These states would also say that pushing someone would result in a battery charge as opposed to an assault charge. But you could be guilty of an assault if you threatened to push someone.
Yes, many states no longer make a distinction between assault and battery.
These states say that any offensive touching is an assault.
For example, under Arizona’s criminal laws, you are guilty of assault if you:
In these jurisdictions, shoving a person would qualify as an assault.
Many jurisdictions make a distinction between:
“Simple assault” generally follows the above discussion. It can include either:
In contrast, “aggravated assault” is where you commit assault and do so either:
Examples of aggravated assault include an:
Most states say that simple assault is a misdemeanor that is punishable by:
But note that aggravated assault can lead to felony charges. A felony conviction can lead to:
Yes. You should seek legal advice from a criminal defense lawyer or law firm if you are facing an assault charge.
A defense attorney can assist by:
As to the latter, note that a few common defenses in assault cases include a defense lawyer showing that:
In our experience as criminal defense attorneys, defendants are more likely to raise an effective legal defense when represented by a skilled criminal lawyer.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.