felony assault
Welcome to the Felony Assault service page of Shnider Law Firm. Our experienced attorneys are dedicated to providing our clients with the legal representation and support they need when facing felony assault charges under federal and California laws.
Understanding Felony Assault:
Felony assault is a serious criminal offense that involves the intentional and unlawful act of causing physical harm or injury to another person. The specific elements of felony assault vary depending on the jurisdiction, but generally, they include:
Intent: Prosecutors must prove that you intended to cause harm or injury to another person. This intent can be established through your actions, statements, or surrounding circumstances.
Serious Bodily Injury: Felony assault typically involves causing serious bodily injury to the victim. Serious bodily injury refers to injuries that result in a substantial risk of death, permanent disfigurement, or long-term impairment of bodily functions.
Aggravating Factors: Certain aggravating factors, such as the use of a deadly weapon, the victim’s status (e.g., a law enforcement officer or public official), or the commission of the assault during the commission of another crime, can elevate the offense from a misdemeanor to a felony.
Felony Assault Defense: Skilled Representation for Various Types of Felony Assaults in California
When facing felony assault charges in California, it is crucial to have a strong defense strategy tailored to the specific type of assault you are accused of. At Shnider Law Firm, we have extensive experience defending clients against felony assault charges. Our dedicated attorneys are well-versed in California’s criminal laws. They will provide you with skilled representation to protect your rights, challenge the prosecution’s case, and pursue the best possible outcome.
Assault with a Deadly Weapon:
One common type of felony assault in California is Assault with a Deadly Weapon, as defined under Penal Code Section 245(a)(1). This offense involves intentionally and unlawfully assaulting someone using a deadly weapon other than a firearm, resulting in a likelihood of great bodily injury. A deadly weapon can include objects such as knives, bats, or even a vehicle used with the intent to harm.
Our experienced attorneys will meticulously review your case’s circumstances and challenge the prosecution’s assertions. We will thoroughly investigate the alleged weapon’s nature, intent, and possible defenses, such as self-defense or lack of intent to cause harm. We aim to cast doubt on the prosecution’s claims, undermine their case, and protect your rights.
Assault Causing Great Bodily Injury:
Under Penal Code Section 245(a)(4), Assault Causing Great Bodily Injury occurs when an individual intentionally causes significant harm to another person. Great bodily injury refers to injuries that are more severe than minor or moderate harm, including broken bones, internal organ damage, or injuries requiring extensive medical treatment.
To mount an effective defense against this charge, our skilled attorneys will analyze the extent of the alleged injuries and scrutinize the evidence presented. We will consult with medical experts, review medical records, and potentially challenge the prosecution’s characterization of the injuries. We aim to weaken the prosecution’s case by presenting alternative interpretations or explanations for the injuries sustained.
Assault on a Peace Officer or Public Official:
Assaulting a peace officer, emergency personnel, or public official is a serious offense in California. Under Penal Code Section 245(c), this offense occurs when an individual assaults a protected individual, knowing that the victim is a peace officer, firefighter, emergency medical technician, or other specified public official engaged in their duties.
Defending against charges of assault on a peace officer or public official requires a nuanced understanding of the law and a comprehensive defense strategy. Our attorneys will scrutinize the circumstances surrounding the alleged assault, evaluate the conduct of both parties involved, and challenge the prosecution’s assertions. We will explore any potential defenses, such as mistaken identity, lack of intent, or the officer’s use of excessive force.
Understanding California and Federal Laws:
Felony assault is a serious offense that carries severe legal consequences. To navigate through such charges, it is essential to have a comprehensive understanding of the applicable laws. Here is an extensive overview of the California and federal laws relevant to felony assault:
California State Law:
- California Penal Code: Under Section 245 of the California Penal Code, felony assault encompasses various offenses involving the intentional infliction of physical harm on another person. These offenses include assault with a deadly weapon, assault causing great bodily injury, and assault with intent to commit a felony.
- Aggravating Factors: California law recognizes certain aggravating factors that can elevate a simple assault to a felony, such as the use of a firearm, the intent to cause serious bodily injury, or the assault committed against a protected class of individuals, such as peace officers, firefighters, or emergency medical technicians.
- Penalties: Felony assault convictions in California carry severe penalties, including substantial fines and lengthy prison sentences. The exact penalties depend on the specific offense, the severity of the harm inflicted, and any aggravating factors.
Federal Law:
- Federal Assault Offenses: Under federal law, assault offenses are addressed through various statutes, depending on the circumstances. For example, assault on a federal officer or employee is covered under 18 U.S.C. Section 111. In comparison, assault with a dangerous weapon or assault resulting in serious bodily injury is addressed under 18 U.S.C. Section 113.
- Federal Sentencing Guidelines: If charged with a federal assault offense, the United States Sentencing Guidelines provide a framework for determining the recommended sentence. The guidelines consider factors such as the severity of the injury, the use of a dangerous weapon, and the defendant’s criminal history.
Understanding the nuances of both California and federal laws is crucial when facing felony assault charges. At Shnider Law Firm, our experienced attorneys deeply know these laws and their complexities.
Building Your Defense:
When facing felony assault charges, it is crucial to have a strong defense strategy in place. Our skilled attorneys at Shnider Law Firm will meticulously analyze the details of your case, conduct a thorough investigation, and develop a robust defense tailored to your specific circumstances. Our defense strategies may include:
1. Challenging the Evidence: We will carefully examine the evidence against you, including witness statements, forensic reports, and any available video footage. We will identify any inconsistencies, weaknesses, or potential violations of your constitutional rights that can be challenged in court.
2. Self-Defense or Defense of Others: If you acted in self-defense or to protect others from imminent harm, we will gather supporting evidence and present a strong case to demonstrate that your actions were justified.
3. Establishing Reasonable Doubt: We will scrutinize the prosecution’s case and present evidence or arguments that doubt their version of events. This can include challenging witness credibility, highlighting gaps in the evidence, or presenting alternative explanations for the incident.
4. Negotiation and Mitigation: We will negotiate strategically with the prosecution, seeking reduced charges or alternative sentencing options when appropriate. Our goal is to achieve the best possible outcome for you, whether it be through dismissal, acquittal, or a favorable plea.
5. Expert Testimony: Our team has access to a network of reputable experts who can provide professional opinions and testimony to support your defense. Whether it’s a medical expert to explain the extent of injuries or a forensic specialist to challenge the reliability of evidence, we will leverage their expertise to strengthen your case.
6. Constitutional Violations: If your rights were violated during the arrest, investigation, or interrogation process, we will thoroughly examine the circumstances and file appropriate motions to suppress any evidence obtained unlawfully. We are committed to upholding your constitutional rights and ensuring a fair legal process.
7. Building a Compelling Narrative: Our attorneys are skilled storytellers who will craft a compelling narrative that humanizes you and highlights any mitigating factors that may exist. By presenting your side of the story and demonstrating your character, we aim to create empathy and understanding in the courtroom.
8. Sentencing Advocacy: In the event of a conviction, we will tirelessly advocate on your behalf during the sentencing phase. Our team will present persuasive arguments, gather character references, and highlight any rehabilitation efforts or remorse shown to mitigate the potential penalties and secure the most favorable sentence possible.
Our Approach:
At Shnider Law Firm, we take a proactive and strategic approach to each case. Our attorneys have years of experience in handling felony assault cases and are well-versed in both federal and California laws. We work tirelessly to develop a comprehensive defense strategy tailored to each case’s unique circumstances.
We believe in keeping our clients informed and involved in every step of the process. We will explain the legal process, potential consequences, and available options in plain language so that you can make informed decisions. We can answer your questions and support you throughout the legal process.
Felony assault charges are serious offenses resulting in severe consequences, including lengthy prison sentences, high fines, and a criminal record that can impact your future employment, housing, and personal relationships. Our attorneys have extensive experience in handling these cases, and we understand the complexities of federal and California laws related to felony assault charges.
At Shnider Law Firm, we believe in keeping our clients informed and involved throughout the legal process. We will explain your legal rights and options in plain language, answer your questions, and provide the support you need throughout your case.
Our Services:
Our skilled attorneys understand the complexities of these cases and are committed to protecting your rights and achieving the best possible outcome.
Our Services:
1. Case Evaluation and Analysis: We begin by conducting a thorough evaluation of your case, examining all the facts, evidence, and circumstances surrounding the alleged assault. Our attorneys will carefully review police reports, witness statements, and any available surveillance footage to gain a comprehensive understanding of your case.
2. Defense Strategy Development: Every case is unique, and we tailor our defense strategies accordingly. Our experienced attorneys will analyze the evidence against you, identify any weaknesses or inconsistencies, and develop a robust defense strategy. We will explore all available legal defenses, challenge the prosecution’s evidence, and work diligently to protect your rights.
3. Investigation and Evidence Gathering: Our dedicated team will conduct a detailed investigation to gather evidence in your favor. We will interview witnesses, consult with experts if necessary, review medical records and forensic evidence, and explore any potential surveillance footage or other relevant sources. We aim to uncover the truth and present a compelling defense on your behalf.
Why Choose Shnider Law Firm:
Experienced Attorneys: Our attorneys have years of experience in handling felony assault cases and are well-versed in both federal and California laws.
Comprehensive Defense Strategy: We take a comprehensive approach to each case we handle, analyzing the evidence and developing a customized defense strategy that considers your case’s unique circumstances.
Proactive and Meticulous: We believe in being proactive and meticulous in our approach to felony assault cases. Our attorneys will leave no stone unturned in our investigation and analysis of the evidence against you.
Contact Us:
If you or someone you know has been accused of felony assault, seeking legal representation as soon as possible is crucial. Contact us today to schedule a consultation with one of our experienced attorneys. We are here to protect your rights and provide you with the necessary legal representation.
aaron j. shnider
frequently asked questions
SHOULD I HIRE AN ATTORNEY WHO ONLY PRACTICES CRIMINAL LAW?
Choose an attorney who specializes in criminal law. The criminal law is complex as there are changes every day. There are always new laws passing, which are also interpreted differently by the courts. It is a full-time job to keep up with all the latest developments. As a result of the complexity of criminal law, some attorneys specialize in appeals for instances. Legal research and written motions are the only services provided by confident attorneys. Some attorneys specialize in DUIs.
Some lawyers specialize in murder cases only. Exclusively practicing criminal law allows an attorney to keep up to date with the latest developments in the field.
It’s not advisable to hire just any attorney in San Jose, CA, especially when it comes to criminal law. When dealing with legal matters like this, it’s crucial to seek out an attorney who specializes in criminal law. A California criminal law attorney possesses the in-depth expertise and up-to-date knowledge of the latest laws and cases that could impact your situation. Opting for an attorney with expertise in criminal law ensures that you receive the most effective representation and guidance tailored to your specific case.
WHAT IF THE LAWYER HAS A BAD RECORD WITH THE CALIFORNIA STATE BAR?
The California State Bar recommends that you hire a lawyer who has a clean record. Do you want to hire an attorney with a poor track record? For your best interests, it’s imperative to select a law firm that assigns your case to a top-tier attorney in San Jose, CA, with a track record of excellence, devoid of any significant mistakes or lapses in judgment. Prior to retaining legal representation, it’s advisable to inquire about an attorney’s state bar record, ensuring transparency and accountability in their professional conduct.
HOW IMPORTANT IS EXPERIENCE FOR A CRIMINAL DEFENSE ATTORNEY?
Engage the services of an experienced lawyer. It can be great to hire a new lawyer. Are you comfortable with that lawyer learning on the job while handling your case? Would you prefer to hire an experienced professional? There is no doubt that practice makes perfect in general, as well as when it comes to criminal defense attorneys. Make sure you hire a lawyer with the experience to handle your case.
IF I INTEND TO PLEAD GUILTY, SHOULD I STILL HIRE A LAWYER?
Deciding to represent yourself? Speak with an attorney. If the charges are minor and straightforward, you can express yourself. However, you may need to learn what a case holds for you. Keep in mind that your freedom could be at risk, and there is a possibility that you will go to jail. A lawyer can protect your rights and assist you in your case. You may be able to negotiate a better deal with an attorney for even “minor” misdemeanors. However, if charged with a felony, you should never represent yourself. The consequences of felonies are too severe.
Attorney Aaron Shnider To Your Defense
Your Criminal Defense Team
Are you facing felonious assault charges and need a skilled and experienced criminal defense attorney? Look no further than Shnider Law Firm. Led by Attorney Shnider, our firm has a proven track record of successfully defending clients facing Gang Crime California criminal charges.
Here are three reasons we stand out:
Experience: Attorney Shnider has over 13 years of experience in Gang Crime California criminal defense and has handled a wide range of cases, such as minor traffic offenses to major felony charges. He deeply understands the criminal justice system and knows how to navigate it to protect your rights and freedom effectively.
Personalized Approach: We understand that every case is unique and every client has different needs. That’s why we take a personalized approach to each case, working closely with our clients to understand their situation and develop a tailored strategy for their specific needs.
Results: Our goal is to achieve the best possible outcome for our clients. We have a proven track record of successfully defending clients and achieving favorable outcomes, including acquittals, reduced charges, and reduced sentences.
Don’t let Gang Crime California control your future. Contact Shnider Law Firm today and let us fight for you.
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The Shnider law firm CA has helped hundreds of clients over the decade of defending it’s clients from criminal litigations; as such, the case results showcase our commitment and the results of our work. The attorney in San Jose CA has been in the industry for over 13 years, with numerous cases solved and defended for it’s clients. The Shnider Law Firm has led by Attorney Aaron Shnider, a Criminal law attorney California, therefore with immense expertise in criminal litigation defenses. Click here to learn more about us and US legal codes.