If your child has been charged with assault in California, they could be facing severe consequences that could impact them for the rest of their life. It's essential to understand what the charges are and what your child could face so that you can take the necessary legal steps.

What is Assault in California?

In California, assault is an unlawful attempt to cause a violent injury to someone else. To be considered assault, the accused must have possessed the ability to commit the violence. The state can charge your child with assault even if they didn't make actual physical contact with the other person. The attempt to do so is enough.

There are many forms of assault. Simple assault, as defined by Penal Code §240, can refer to threats or actions like swinging a fist at someone. Under Penal Code §243, aggravated assault involves using a deadly weapon, such as a blunt object, baseball bat, or firearm.

Potential Consequences Your Child Could Face

Juvenile court is focused on rehabilitating kids, which is different from adult court. For this reason, juvenile offenders will typically receive more lenient sentences and will often include things like counseling, anger management and community service. The type of assault your child is charged with, however, will play a significant role in what they face. 

Simple assault is a misdemeanor. Most of the time, those convicted will receive probation and counseling, but the charge can also carry sentences of up to six months in a juvenile facility or jail, as well as fees of up to $1,000. Your child may also need to attend rehabilitative classes. 

If there was a deadly weapon involved, or the victim was a protected individual, like a police officer or emergency responder, the charge will likely be a felony. Felonies carry more severe consequences. However, the court will consider factors such as the youth's mental state, history of getting in trouble and likelihood of reoffending.  

If your child is accused of aggravated assault, they could face misdemeanor or felony charges. Juveniles can be placed on probation and may need to complete community service and provide restitution to the victim. In the most severe cases, your child could spend months or even years in a juvenile detention facility or jail.  

Potential Defenses for Assault Charges

There are a number of potential defenses available to your child if they have been charged with assault in California. 

Lack of Intent

To be charged with an assault, it's necessary to prove that the accused had the intent to hurt the victim. Your child's defense lawyer could argue that your loved one had no intention of harming the person, which means the prosecutor can't prove assault. 

Self-Defense or Defense of Others

It might also be possible to prove that your child acted in self-defense or in defense of someone else. In these instances, it will be vital to demonstrate that your loved one's actions were reasonable and necessary under the circumstances. 

Lack of Evidence

The defense team will assess whether there's enough evidence to point to your child as the perpetrator. The evidence must demonstrate this beyond a reasonable doubt. If it's flimsy, your lawyer will argue the case should be dismissed. 

Lack of Present Ability to Injure the Victim

If your child wasn't near enough to the alleged victim to cause harm, or if they were physically incapable of hurting the person, the defense can argue that not all of the requirements are present to convict your child of assault. 

Fighting for Your Child's Freedom

If your child has been charged with assault, the consequences could be severe. To safeguard your loved one's freedom, hiring a team of experienced defense attorneys in California can be vital. With a dedicated defense, you can help protect your child's future. 

To speak with one of our juvenile defense attorneys, contact us today.