Los Angeles Criminal Lawyers Blog

Under California Penal Code § 240 it is illegal to make an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Assault, unlike battery, does not have to actually result in injury. It merely has to be an ATTEMPT to harm another.

For example, Dan is at a bar. He has one too many drinks and finds himself in a heated argument with Victor. He goes to punch Victor in the face, but Victor ducks and Dan ends up hitting the wall. Dan can be charged with assault, because his intention was to punch Victor, he attempted to do it, and if Victor hadn't ducked, he would have successfully injured him.

There are available defenses for a person who has been charged with assault. One of the most popular is self defense. An experienced Los Angeles Criminal Defense attorney can assess which defense would be strongest for your case. It is necessary to be sure the defense is applicable before a powerful argument is prepared.

Self defense can only be a valid defense when the person claiming the defense was using their actions to protect themselves. Additionally, the amount of force used to protect their own safety, must be equivalent to that of the force used against them.

Lets say for example, Dan is at a bar. Him and Victor get into a heated argument and Victor attempts to hit Dan, and Dan swings back at Victor. Dan is then charged with assault. In this situation, Dan has a self defense. He was being attacked so his swinging at his friend was to protect himself. He used the same amount of force that was used against him.

In comparison, lets assume the same facts as the last situation, except this time instead of swinging at Victor, Dan takes out his handgun and shoots at him. Dan will not be able to assert self defense in this case. Although he was acting to protect himself, he did not use a reasonable amount of force to do so. Victor did not use a weapon of any sort, nor was there a threat of him using a gun. Dan's actions to protect himself using a gun were unreasonable in consideration of the fact that Victor merely went to punch him. Dan will likely be charged with more than an assault.

The self defense is a difficult defense to assert, but when done successfully could result in a complete dismissal of the case. An experienced and knowledgeable Los Angeles criminal defense lawyer can prepare a powerful argument on your behalf that presents evidence that can help weak the prosecutor's case. An assault conviction can prevent a person from achieving their education and career goals. If the assault was a result of self defense be sure that the Judge if fully aware of the situation and recognizes a strong defense in your favor.

When a person is charged under California Penal Code §417, they are being charged with brandishing a weapon, gun or firearm.

The statute is divided into several different elements that must be met in order for a person who is charged to be convicted. Each element must be proven beyond a reasonable doubt. The person being charged must draw or exhibit a deadly weapon, or a firearm. This not only means that a person could have the weapon in plain sight for others to see, but also that they take it out.

The exhibition or drawing of the weapon or firearm must be in the presence of another person. The actions of the person being charged must be done in a rude, angry or threatening manner.

Additionally, under California Penal Code §417, those that are found unlawfully using a weapon or firearm in a fight or quarrel may also be charged as brandishing a weapon, gun or firearm.

The prosecutor must demonstrate to the Court that the person being charged has met each element and is guilty beyond a reasonable doubt. For example, lets say David goes out to a bar with friends. He has just bought a new hunting knife and wants to show his friends. He takes it out of his pocket and opens it up showing his friend the blade and the handle.

David may be charged with brandishing a knife, but the chances of him being convicted are not likely. While David did have a knife, it is arguable if he "drew" it out, and it was hardly done in a angry, rude or threatening manner. He was merely showing it to his friend and it was not in an unlawful manner done during a fight or quarrel.

Similarly, in another scenario, David goes into a bar and gets into an argument with another patron. In a fit of anger, David takes his knife out of his pocket and waves it around, telling the other patron that he would use the knife if provoked. In this scenario, David will be charged with brandishing a knife and will likely be convicted. He was using the knife unlawfully during a quarrel. It was taken out in anger and was meant to be threatening. Unlike the first scenario, he was not merely showing it to a friend, he was either intending to use it, or threatening to use it.

An experienced Los Angeles Criminal Defense lawyer can help prepare a strong argument against that of the Prosecutor's. Self Defense can be a strong defense to a charge under this statute, and must be proven in order for the charges to be dismissed. Additionally, if an attorney can demonstrate to the Court that each element is not met, there will have to be a reduction in charges, or a dismissal. Preparing the most powerful defense will require experience and knowledge that can only come from handling thousands of similar cases in the past.

Self Defense is a defense that may be applicable in certain Los Angeles criminal cases. If a successful self defense assertion can be made, then it provides a complete defense and the case may be dismissed.

In order for self defense to be an appropriate defense, several elements must be met. First and foremost, you must believe that you are in imminent danger. The standard that is used, is that of the reasonable person. The Court will look to determine if a reasonable person in your situation would feel that they were in imminent danger.
For example, let's say that Dan sends Victor an email saying " I hate you, I am going to kill you". Victor then takes his gun, goes over to Dan and shoots him. Victor does not have a self defense argument. When Dan sent the email, he was not in the same room as Victor, and Victor had no reason to believe that his life was in imminent danger. The reasonable person in Victor's situation would not have believe there was any immediate harm to his well being and therefore, the first element of self defense would not be met.
The second element of self defense is that you believe imminent force is necessary to prevent the danger. Meaning, you have to act right away otherwise you will suffer harm.

Lets say that Dan and Victor are in a bar. Dan says that he is going to go down the street to buy some cigarettes, then when he comes back he is going to kill you. You wait until Dan returns, and then you hit him with a beer bottle. In this situation, force was not the only way you could have prevented the harm. You could have left the bar while Dan was gone. Let's say Dan swings at Victor with no warning and Victor reacts by swinging back. In this second example, force is necessary to prevent the harm, because Victor did not have any time to react. The second element of self defense would be met.

The final element of self defense requires that you defend yourself with a reasonable amount of force. This means that you must take into consideration how you are being attacked, and how you respond. If it is unreasonable, then you may not have a valid self defense argument. For example, Dan attacks Victor by socking him. Victor takes out his gun and shoots him. This is unreasonable force and Victor will likely be charged with murder. If Victor had hit back, he would have had a reasonable defense given that the other elements were met.

When you are involved in a Los Angeles assault case, or something similar, be sure to know your options as far as defenses. If an experienced Los Angeles Criminal Defense attorney can assert a valid self defense on your behalf, your case may be dismissed.