Welcome to Waite Law Firm – Your Trusted Advocate in Criminal Assault Defense

Welcome to Waite Law Firm, where Peter Waite, a dedicated criminal defense lawyer, stands ready to assist individuals facing assault charges in San Jose, California. With a commitment to providing compassionate yet robust legal representation, we understand the complexities and seriousness of assault allegations and are here to fight for your rights and ensure a fair legal process.

Understanding Assault Charges in California

Assault is a serious offense that encompasses a range of unlawful behaviors involving the threat or use of force against another person. In California, there are several primary types of assault charges, each with its own distinct elements and potential penalties. Below are the main categories of assault charges:

1. Simple Assault (California Penal Code 240):
   • Simple assault involves the willful and unlawful attempt to commit a violent injury on another person. It can also include threatening to use force in a manner that reasonably causes fear of imminent harm.
   • Simple assault is typically charged as a misdemeanor offense.

2. Aggravated Assault (California Penal Code 245):
   • Aggravated assault involves the intentional use of force or violence against another person with the additional elements of causing serious bodily injury or using a deadly weapon.
   • Aggravated assault can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the offense.

3. Assault with a Deadly Weapon (California Penal Code 245(a)(1)):
   • Assault with a deadly weapon occurs when an individual uses a weapon capable of causing death or serious bodily injury to commit an assault.
   • This offense is typically charged as a felony and carries severe penalties.

4. Assault on a Peace Officer (California Penal Code 243(b):
   • Assault on a peace officer involves the intentional use of force or violence against a law enforcement officer while they are performing their duties.
   • This offense is considered a felony and carries enhanced penalties.

Misdemeanor vs. Felony Charges in California

In California, criminal offenses are classified as either misdemeanors or felonies based on the severity of the offense and other factors. Understanding the differences between misdemeanor and felony charges is essential for navigating the legal process effectively. Here’s an overview of the distinctions:

1. Misdemeanor Charges:
   • Misdemeanor offenses are less serious crimes punishable by fines, probation, community service, and/or up to one year in county jail.
   • Examples of misdemeanor assault charges include simple assault and some cases of aggravated assault.

2. Felony Charges:
   • Felony offenses are more serious crimes that carry harsher penalties, including imprisonment in state prison for one year or more.
   • Examples of felony assault charges include assault with a deadly weapon, assault causing serious bodily injury, and assault on a peace officer.

Penalties for Assault Charges in California

The penalties for assault convictions in California vary depending on the specific offense, the severity of the harm caused, the defendant’s criminal history, and other factors. Here’s a general overview of potential penalties for assault convictions:

1. Simple Assault (Misdemeanor):
   • Fines of up to $1,000
   • Up to six months in county jail
   • Probation
   • Community service
   • Restitution to the victim

2. Aggravated Assault (Misdemeanor or Felony):
   • Misdemeanor penalties may include fines, probation, and up to one year in county jail.
   • Felony penalties may include imprisonment in state prison for up to four years, fines, probation, and restitution to the victim.

3. Assault with a Deadly Weapon (Felony):
   • Imprisonment in state prison for two to four years (or longer depending on the circumstances)
   • Significant fines
   • Probation
   • Restitution to the victim

4. Assault on a Peace Officer (Felony):
   • Imprisonment in state prison for two to four years (or longer depending on the circumstances)
   • Enhanced penalties due to the victim being a peace officer
   • Significant fines
   • Probation
   • Restitution to the victim

Committed to Your Defense

At Waite Law Firm, we understand the serious consequences of assault charges and the impact they can have on your life. We are committed to providing you with aggressive and effective legal representation to protect your rights and pursue the best possible outcome for your case. Whether you’re facing misdemeanor or felony assault charges, you can trust our experienced legal team to fight tirelessly on your behalf.

Contact Waite Law Firm Today

If you’ve been charged with assault in San Jose, CA, don’t wait to seek legal help. Contact Waite Law Firm today at (669) 221-3430 to schedule a confidential consultation with Peter Waite and take the first step toward building a strong defense strategy. We’re here to stand by your side and fight for your rights.