Defenses to a California Charge of Assault

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A California criminal charge of assault may range from a minor to a serious crime, depending upon the circumstances of the incident. However, just because you are charged with assault, it does not mean that you will automatically be convicted.

An experienced Los Angeles assault defense attorney can help customize a defense to protect your legal rights and avoid the serious consequences of an assault conviction.

Possible Defenses to a California Assault Charge

Self Defense or Defense of Others

Self-defense means that you exercised a reasonable amount of force, given the surrounding circumstances, to prevent a third party from injuring you or someone else. To successfully invoke this defense, your attorney will need to show that the individual you allegedly assaulted was putting you in danger and as such caused you to react.

Consent

Consent means that the person you allegedly assaulted agreed to your offending conduct. A defense of consent may be successful only if the injuries were not serious and were reasonably foreseeable.

Dispute the Charges

Depending on the facts of your case, your Los Angeles assault defense lawyer may determine that the best defense strategy is to dispute the assault charges altogether. This defense may only be successful in certain situations, such as if you were wrongly identified as the perpetrator of the alleged assault.

Call an Experienced Los Angeles Assault Defense Attorney

An assault charge can have serious penalties that may negatively impact all aspects of your life. Hiring an experienced Los Angeles assault defense lawyer may mean the difference between a conviction and a dismissal of the charges. In other words, your lawyer can effectively argue a defense on your behalf that will ensure your freedom.

For more information or to schedule a complimentary consultation with criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

 

5 Reasons Why You Need to Hire a Criminal Defense Lawyer Before Charges Are Filed

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A criminal conviction can carry serious consequences that may affect all aspects of your life. You may have a hard time looking for employment, successfully applying for credit cards, or even getting approved for a housing application.

It is crucial to immediately hire a Los Angeles criminal defense attorney when you are arrested or being investigated for a crime. In some cases, if you hire a good attorney before you have been charged with a crime, it may help you stay out of court and jail.

Hiring a Criminal Defense Attorney: The Sooner the Better 

Prosecutors often file cases too early without having the necessary evidence to prove the charges.  In California, although Federal and other law enforcement agencies may hastily arrest individuals or execute search warrants, they often do not file charges right away. In fact, most prosecution offices require that their law enforcement agencies provide a complete and detailed investigation packet in order to file criminal charges.

A criminal defense attorney who has the necessary knowledge and experience may know what the police is thinking in terms of whether to file charges or not. If the attorney can provide the necessary facts from the defense’s point of view to convince the prosecutor that he or she will not be able to prove the case, the charges may not be filed. For this very reason, it is imperative that you hire a Los Angeles pre-filing criminal defense lawyer if you have been arrested or just being investigated for a crime.

Contact an Experienced Criminal Defense Attorney

To learn more about the importance of hiring a criminal defense attorney at the pre-filing level, you should call Los Angeles criminal defense attorney Simon Aval. Ms. Aval has the knowledge and experience to resolve your case before charges are filed and before you go to jail.

For more information or to schedule a complimentary consultation with one of our criminal defense attorneys, please call us at (800) 209-9808 or complete our online form.

California Domestic Violence Penalties

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The California legal system considers domestic violence as a “wobbler” offense. This means that the prosecutor has the option of choosing whether to file misdemeanor domestic violence charges or felony domestic violence charges. Regardless of what type of domestic violence you are charged with, the consequences can be serious.

If you or a loved one has been charged with domestic violence, it is important that you immediately consult an experienced criminal defense lawyer.

Punishment for Domestic Violence

Under California law, a domestic violence conviction may result in serious fines and punishments. While the only mandatory penalty for a domestic violence conviction is the completion of a 52-week mandatory batter’s program, which meets one session per week for a minimum of two hours, the judge has discretion to enhance the sentence depending on the facts of the case.

The punishments for a felony domestic violence conviction are the same as the punishments for a misdemeanor domestic violence conviction, just enhanced. However, one penalty that is unique to felony charges is a “strike” on your criminal record. Under California law, if you accumulate three strikes (which are given for violent felonies), you will automatically be sentenced to 25 years to life in prison. As such a felony domestic violence conviction, can result in a life prison if it is your third strike.

Contact an Experienced Domestic Violence Defense Attorney

To learn more about the penalties and punishments associated with domestic violence charges, you should consult an experienced domestic violence criminal defense attorney. Your attorney can review your charges and advise you of your right and discuss possible defense strategies that may be effective in fighting the charges.

For more information or to schedule a complimentary consultation with one of our criminal defense attorneys, please call us at (800) 209-9808 or complete our online form.

10 Ways You Can Violate Probation in California

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If you are convicted of a crime in California, the judge has discretion to “suspend” the imposition of your sentence and grant probation instead of sending you to jail or prison. Probation allows you to complete your sentence in the community under a “conditional release.” Once you have successfully completed your probation, you may be entitled to return to court and request the judge to “set aside” your guilty plea or your conviction by jury verdict.

However, if you fail to successfully complete your probation or violate any of its terms, it may result in serious problems and even jail or prison time.

Different Way to Violate Probation

Violating the terms of your probation is a crime in itself and the consequences can be serious. Some of the different ways you may violate your probation include:

Failing to appear at a mandatory court hearing (also known as “FTA”)

  1. Failing to pay court-ordered fines and fees
  2. Failing to report to your probation officer as required by the court
  3. Failing to comply with the instructions provided by your probation officer or department
  4. Failing to participate in and complete court mandated treatment or counseling
  5. Failing to complete community service
  6. Committing or getting arrested for a new crime

Generally speaking, these types of violations are cut and dry, in that the act either happened or it didn’t. As such, proving probation violation does not involve a lot of fact finding. The major issue, however, for your criminal defense attorney may be getting your probation reinstated and keeping you out of custody.

Consequences of Violating Probation

If you violate probation, your probation officer may simply give you a warning. If you stay out of trouble, you may not face any additional problems. However, in more extreme cases, your probation officer may order you to appear in court for a probation violation hearing.

If it is proven by preponderance of the evidence (or more likely than not) that you violated parole, the judge has discretion to:

–   Order you to pay fines

–   Spend a few days in jail and resume probation

–   Add time to the original terms of your probation

–   Revoke or cancel your probation altogether

Call Us

If you or a loved one is facing probation violation, you should consult an experienced criminal attorney to help you protect your legal rights. For more information or to schedule a complimentary consultation with a dedicated criminal defense attorney, please call attorney Simon Aval at (800) 209-9808 or complete our online form.

An Overview of California’s “3 Strikes Law”

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California’s “three strikes and you’re out” law has been one of the harshest sentencing schemes in the country for many years. In fact, one in four inmates in the state’s over-crowded prisons are serving a second or third strike sentence.

What Is the “3 Strikes Law”?

California voters approved a ballot initiative in 1994 known as “Three Strikes and You’re Out.” Under this original version, state courts were required to hand down mandatory and extended prison time to individuals who are found guilty for any third time offense, even if it was nonviolent.

In 2012, the law was reformed to include that there will no longer be a mandatory 25-years-to-life for “strikers” whose third strike is not “serious” or “violent” felony.

This means that if you are convicted of a crime that the judge considers being a serious offense, it will be considered as a strike on your record. If you accumulate three strikes, you will face mandatory prison time. In certain cases, the sentence may be made harsher to account for any leniency you may have previously received.

What Is Considered a “Strike”?

In order for a criminal action to be counted as a “strike,” it must be a serious or violent felony. It should also be noted that the judge may include convictions from other states, federal convictions and certain juvenile convictions when adding up “strikes” against you. Moreover, the judge also has discretion to elevate a misdemeanor charge to a “strike” if you have prior felony convictions.

Some examples of strikes include:

–   Arson

–   Murder

–   Rape

–   Robbery

–   Home invasion

–   Assault with a deadly weapon

–   Kidnapping

–   Drug trafficking

–   Any other felony that carries a life sentence in prison

Your Los Angeles criminal attorney can provide you with a complete list of criminal actions that may be considered a strike, as listed under California Penal Code, Sections 1192.7(c) and 667.5 (c).

Contact Us

If you or a loved one is facing a 3 Strikes case, you should consult an attorney that has experience in the field of Criminal Law, someone you can trust, and someone who has proven to be effective.

For more information or to schedule a complimentary Los Angeles criminal defense attorney Simon Aval, please call (800) 209-9808 or complete our online form.