Whether you have been charged with assault or you are worried that you might be soon, you will be glad to have found help from Law Office of Michael L. Fell. We are here to help you fight these charges and to improve your chances of a positive way forward. Read on to learn the basic facts about criminal assault charges and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.

Elements the Prosecution Must Prove

In order for a person to be convicted of assault, these elements must be proven:

• That the defendant did something that was likely to result in using force against someone
• That the defendant did so willingly
• That the defendant was aware that a reasonable person would see the act as likely to result in force
• That the defendant had the ability to follow through on the threat of force

If we can show that even one of these four elements is not factual, then you are not legally guilty of assault.

Examples of Assault Charges

To better understand this charge, consider a few examples. If a man is bothering a woman at a bar and she throws a drink at him, she has likely committed assault. If two men are fighting and one swings at the other, but the other ducks and is not hit, then the swinger is likely guilty of assault. Finally, if a few kids are throwing rocks at someone across the street, then they are likely committing assault.

Potential Penalties for an Assault Conviction

If a person is convicted of simple assault, this will be a misdemeanor. Felony assault applies to more serious cases. Generally speaking, the penalty for most assault cases will not exceed penalties of $1,000 and six months in jail. However, assault charges are often combined with other charges that do come with more significant penalties.

Legal Defense Options for Charges of Assault

The good news is that you are not without options if you are charged with assault. Some of the defense options include:

• Showing you did not have the ability to inflict the threatened violence
• Proving you acted in self-defense or were defending someone else
• Showing that you did not act willfully or otherwise did not have intent
• You were falsely accused

Of course, not everyone can be found not guilty. Some have a wealth of evidence against them but they are not without options either. Your criminal defense attorney can fight tirelessly for the most advantageous plea deal possible. Call Law Office of Michael L. Fell now at (949) 585-9055 to request a free legal consultation and learn how you can move forward with your life.