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Assault in Los Angeles is a criminal misdemeanor that carries penalties like a thousand dollars in fines and six months in jail. Assault is technically any action that you make intended to cause harm to another person. It does not mean that you actually hurt the other individual. California has some very tough laws against all types of assault. In addition, another thing to remember is if you’ve assaulted someone – that person can also file civil charges against you. According to NYC personal injury lawyer, Jim Ingolia, if you were on someones premises, or if you are covered by your homeowners insurance, then you can be sued for injuries you inflicted. That is why you need a lawyer. Here are the various ways a Los Angeles attorney can assist someone charged with assault.
Question How You Were Identified
The initial way a Los Angeles attorney can help is by questioning how the police and possibly the victim identified you. It can be hard to know what is happening during a fight or brawl on the street. Misidentification happens all the time in these cases. Your lawyer will have the tools and resources necessary to potentially show that there is insufficient evidence to prove you were the person who assaulted the victim. That could end the case very early.
Show You Could Not Have Committed Assault
Prosecutors need to prove that you were able to perform the assault as described. If you hire a good lawyer, then that professional might be able to show that you were incapable of committing assault. You might not have been in the area. You might have injuries that restrict your movement. An attorney might be able to gather the evidence necessary to remove this important legal tenet of the assault case against you.
Prove You Did Not Understand What Was Happening
Los Angeles law states that the prosecutor must show you knew that any actions you took during the incident were likely to cause harm to another person. An attorney can assist you by working to prove you did not understand what was happening. You might have been unaware the victim was present. You might have performed an action involuntarily or under the command of someone else. A knowledgeable lawyer might be able to clearly prove that you had no intent to assault anyone.
Provide Evidence It Was Self Defense
Something the police believe to be assault could actually be self-defense. You will need to hire a lawyer to prove this complicated defense to the prosecutor or judge. If you acted because you felt in danger, believed force was the only solution and restrained the force used, then you might be innocent of assault because it was self-defense. Proving all of those points within a legal context can be incredibly difficult. This is why you must rely on the expertise of a Los Angeles assault lawyer. Your attorney will aggressively present whatever is the appropriate defense for the assault charge no matter how complex legally.
Work Out a Favorable Plea Deal
Some of the best outcomes you can hope for when facing assault charges happen through plea deals. This is especially true when the evidence against you is not very strong. You need to allow a trained attorney to negotiate with prosecutors. You cannot do this effectively yourself. Your attorney might be able to arrive at a deal that includes reduced charges and no jail time. You attorney might have such a strong defense that the prosecutor drops the case completely. The possibility of a favorable plea deal is one of the main reasons to hire a lawyer as soon as you are charged with simple assault in Los Angeles.
Mitigate or Fight Associated Charges
Assault charges in Los Angeles are rarely filed alone. You might face a variety of related offenses such as battery, public intoxication or disturbing the peace. A Los Angeles attorney can help by mitigating or fighting the associated charges. Your lawyer might be able to get all other charges dropped in court or through pre-trial negotiations. This can greatly reduce your sentence or even lead to an acquittal.