Criminal Defense Lawyers

Pc 240

What is PC 240?

PC 240 is the California penal code section that defines the crime of assault. But, what exactly does that mean? An assault occurs when someone willfully attempts to use force or violence against another person. Even if no one gets hurt, the attempt itself is a crime.So, what do you do if you get hit with one of these charges? It’s simple. Every single client deserves honesty and white glove service. At Spodek Law Group, we leave no stone unturned – we do everything possible to win. Everything we do is focused on getting you results.

Understanding Assault Charges

Let’s break it down. There are four key elements that must be proven for a PC 240 assault conviction:

1. An intentional, unlawful attempt
2. To violently injure another person
3. Ability to apply force
4. Accused was aware their actions could result in force/violence

Even if you had no intention of actually hitting someone, you can still be charged with assault if the other person felt reasonably threatened by your words or actions. Crazy, right?

Types of Assault

There are several types of assault charges under PC 240:

Simple Assault

This is the basic assault charge with no aggravating factors. It’s a misdemeanor, punishable by up to 6 months in county jail and/or a $1,000 fine.

Assault with Force Likely to Produce Great Bodily Injury

If the assault was committed in a way likely to cause severe injury (like using a deadly weapon), it becomes a “wobbler” – meaning it can be charged as either a misdemeanor or felony. As a felony, it’s punishable by up to 4 years in state prison.

Assault on Specific Victims

Assaults against certain victims like police officers, firefighters, school employees, or children carry harsher penalties of up to 1 year in county jail.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Defenses Against Assault Charges

But wait, there‘s more. Even if the prosecutor can prove the elements of assault, you may still have a valid legal defense:

• Self-Defense: If you reasonably believed you were in imminent danger of violence and used no more force than necessary to defend yourself.
• Defense of Others: Same as self-defense, but you were protecting someone else from violence.
• Accidental Act: If the incident was a complete accident with no intent to threaten or harm.
• Lack of Ability: If you didn’t actually have the ability to apply force (like being too far away).
• No Credible Threat: If no reasonable person would have felt threatened by your words or actions.

The right defense can mean the difference between a conviction and having the charges dropped or reduced. But, take a deep breath. You don‘t have to figure this out alone.

Why Hire a Criminal Defense Lawyer?

Look, we get it. Being accused of a crime is stressful and confusing. You may be tempted to just plead guilty and get it over with. But that could be a huge mistake.Sometimes prosecutors will only be fair if you respond with force. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group, we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the legwork to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold meetings to discuss and address all of our cases. In an emergency, we have a full team of lawyers available to help you.

What We Offer

Regardless of how tough your situation is, we are here to help you. Our criminal defense lawyers work hard to find a solution, irrespective of the situation you find yourself in.Many clients are often embarrassed by their situation and don’t speak openly about their alleged issue. We encourage open dialogue and recommend full transparency, so we can give you the best possible legal advice.When you hire Spodek Law Group, you get:

• Honest assessment of your case and all potential outcomes
• Aggressive representation to protect your rights
• Personalized defense strategy tailored to your unique situation
• Extensive investigation and evidence gathering
• Skilled negotiation to pursue the best plea bargain if applicable
• Vigorous advocacy at trial if your case proceeds that far

We understand the challenges of going through a criminal case. If you’re accused of assault under PC 240, schedule a consultation with our attorneys today.

Potential Penalties for PC 240 Assault

The penalties for an assault conviction depend on the specific type of charge and circumstances. But in general:

• Simple Assault: Up to 6 months in county jail and/or $1,000 fine
• Assault with Force Likely to Cause Great Bodily Injury: Up to 4 years in state prison if charged as a felony
• Assault on Protected Victims: Up to 1 year in county jail

In addition to jail/prison time and fines, you may face:

• Probation
• Restitution to the victim
• Counseling requirements
• Restraining orders
• Loss of gun rights
• Immigration consequences for non-citizens

A skilled criminal defense lawyer can often get charges reduced or even dismissed entirely. But you need to act fast, as prosecutors build their cases quickly after an arrest.

Assault vs. Battery – What’s the Difference?

Many people confuse assault (an attempt to commit violence) with battery (actual offensive touching). While related, they are separate crimes under California law.Battery (PC 242) requires an intentional and unlawful use of force or violence against another person. It’s the actual physical act, as opposed to just an attempt.You can be charged with both assault and battery stemming from the same incident. For example, taking a swing at someone (assault) and making contact (battery).The penalties for battery can include:

• Misdemeanor: Up to 6 months in county jail
• Battery with serious bodily injury: Up to 4 years in state prison
• Battery against certain victims: Up to 1 year in county jail

Having the right legal representation is crucial when facing multiple interrelated charges like assault and battery.

What to Do If Charged with Assault

If you or a loved one has been arrested and charged with assault under PC 240, don’t panic. But do act quickly to protect your rights and freedom.First, remain silent and do not answer any questions or make any statements to law enforcement without your attorney present. Anything you say can potentially be used against you.Next, contact an experienced California criminal defense lawyer as soon as possible. The sooner they can start investigating your case and crafting a defense strategy, the better.Your lawyer will thoroughly review all the evidence against you, including any video footage, witness statements, and police reports. They will look for any holes or inconsistencies that can be exploited.Depending on the circumstances, some potential defense strategies include:

• Arguing self-defense or defense of others
• Showing the alleged victim’s injuries were caused by an accident, not an assault
• Demonstrating you did not actually have the “present ability” to inflict violence
• Proving the accuser is not a credible witness and their story doesn’t add up
• Negotiating for reduced charges or an alternative sentencing program

Your lawyer will guide you every step of the way and make sure your rights are fully protected throughout the process.

Finding the Right Criminal Defense Firm

When your freedom and future are on the line, you can’t afford to take chances with an inexperienced lawyer. You need a firm that specializes in California criminal defense and has a proven track record of success.The Spodek Law Group handles cases nationwide, with offices in NYC and Los Angeles. Our assault defense team includes former prosecutors who know how the other side operates.