What to Do if You’re Charged with Assault in San Francisco

What to Do if You’re Charged with Assault in San Francisco

Being charged with assault can be scary. Even if you’re innocent, assault charges carry serious penalties like jail time or fines. Don’t panic though – there are things you can do to protect yourself.

First, don’t say anything to the police except that you won’t answer questions without a lawyer. I know it’s tempting to explain your side, but it can hurt more than help. Let your lawyer do the talking.

Next, hire a criminal defense attorney. Assault charges are complicated, so you need someone experienced. A good lawyer will investigate the charges, negotiate with the prosecutor, and defend you in court. Shop around – prices and skills vary.

Also, follow your attorney’s advice about plea deals. Sometimes pleading guilty to a lesser charge is better than risking trial. Your lawyer knows best.

While waiting for trial, avoid contact with the accuser and witnesses. Don’t intimidate or bribe them – that’s another crime!

Speaking of other crimes, don’t get arrested again! Getting rearrested makes you look guilty and shows disregard for the court.

Finally, consider your defenses. Self-defense, provocation, false accusations, or mistaken identity could all beat the charges. An attorney knows how to argue these.

Common Assault Charges in San Francisco

San Francisco sees many types of assault charges. Some common ones include:

• Battery – Physical contact like hitting or shoving. Even minor injuries can qualify.
• Aggravated assault – Assault causing great bodily injury or with a deadly weapon.
• Domestic violence – Assault against a spouse, partner, or other family member.
• Elder abuse – Physical, emotional, or financial abuse against someone 65 or older.

Assault doesn’t require actual hitting. Threatening violence through words or gestures can also be charged as assault in California. Charges may be misdemeanors or felonies depending on circumstances.

Penalties for Assault in San Francisco

If convicted, penalties for assault in San Francisco depend on the charges. Possible penalties include:

• Up to 1 year in county jail for simple misdemeanor assault
• Over 1 year in state prison for aggravated or felony assault
• Fines up to $10,000
• Restraining orders
• Probation
• Anger management or other court-ordered programs

Penalties get harsher for repeat offenders or those with criminal histories. Hiring a lawyer is vital to minimize penalties and avoid jail time if possible.

Legal Defenses Against Assault Charges

Skilled lawyers can often get charges reduced or dismissed using solid legal defenses. Some options include:

Self-Defense

Using reasonable force to protect yourself from harm is legal self-defense . If you were defending yourself, charges may be dropped. Details matter – consult a lawyer.

False Accusations

If the accuser is lying or mistaken about what happened, an attorney can argue there’s reasonable doubt of guilt. Witness interviews and security footage can prove your innocence.

Provocation

If the alleged victim provoked you through threats or violence, the court may reduce or drop charges. There are strict limits though – talk to a lawyer.

Mistaken Identity

Eyewitnesses make mistakes. If you have an alibi or the description doesn’t match you, your attorney can argue the wrong person is charged.

A good lawyer knows how to negotiate with prosecutors to get charges reduced or dismissed pre-trial. Don’t wait to hire one.

Finding the Right Criminal Defense Lawyer

Don’t leave your fate to just any public defender or cheap attorney. Assault charges demand an experienced criminal trial lawyer. Look for someone with:

• 10+ years handling assault and violent crime cases
• Knowledge of local courts, judges, and prosecutors
• A track record getting charges reduced and dismissed
• Affordable rates and payment plans

Shop around and ask tough questions. Meet with a few lawyers before deciding. The right one can make all the difference.