45+ Years Criminal Defense
Experience in California
If you were in fact defending yourself or a third party from the imminent danger of serious bodily harm by your attacker, then self-defense may be an appropriate defense for your case. However, this depends on whether or not your assault defense attorney can argue that you were defending yourself or a third party. The California assault laws provide that you can only use force reasonably necessary to prevent injury to yourself or a third person. This means that your act of self-defense must ordinarily be proportional to the imminent threat of harm. Call us today to speak to an experienced assault defense attorney.
Yes. Although you can also be charged with a misdemeanor for throwing an object at a vehicle on the roadway pursuant to California Vehicle Code 23110, this act also may be charged as assault under California Penal Code Section 240.
Yes. Under the doctrine of Transferred Intent and the assault laws under California Penal Code sections 240-241, the prosecutor is required to prove is that you willfully assaulted someone. There is no requirement that the person assaulted was your intended target.
This ultimately depends on how you used the gun. If you simply pointed a firearm at the alleged victim and it was unloaded, then your Southern California assault defense attorney can argue that you did not have the present ability to commit the assault. However, if you used the unloaded gun to attempt to beat the alleged victim, then you still can be charged with assault with a deadly weapon under California Penal Code Section 245.
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