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When Is Assault “Aggravated?”

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BLOG | Oct-15-19When Is Assault “Aggravated?” 
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  • If you need a lawyer,
    she is the one you want.

    “Her knowledge and professionalism are what helped me get through a difficult time.”
    avvo review
  • If you need a lawyer,
    she is the one you want.

    “Her knowledge and professionalism are what helped me get through a difficult time.”
    avvo review

If you become involved in an altercation in Fullerton, there is a possibility that you could end up facing assault charges (unless your actions were solely in response to another’s aggression). Yet as is the case with many criminal charges, the application of assault charges to your case is rarely simple. You will, however, want to understand the details of California’s assault and battery laws to ensure that you are only charged with those offenses that your alleged actions may have warranted. 

This is especially true in cases of assault, where law enforcement officers have the option of labeling the assault as “aggravated.” What exactly causes an alleged assault charge to be aggravated? The answer can be found in Section 245 of California’s Penal Code

Here, it states that any of the following actions may net a charge of aggravated assault: 

  • An assault with a deadly weapon (including a firearm)
  • An assault carried out with a semiautomatic firearm or a machine gun
  • An assault carried out with means of force likely to cause great bodily injury
  • An assault carried out against one that a person knows (or should reasonably know) is a police officer, firefighter or other types of police officers

What exactly is the difference between assault and aggravated assault? As is the adjective implies, aggravated assault is considered to be much more serious, and thus, is accompanied by more serious penalties. Whereas a simple assault charge can carry with a prison sentence of as little as six months, and aggravated assault charge could put you in jail (if you are convicted) for as long as 12 years.

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    MISDEMEANOR SETTLEMENT

    MISDEMEANOR SETTLEMENT

    2ND DUI

    Misdemeanor on completion of community service - Felony 2nd DUI, under 21 with injury.

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    case dismissed

    CASE REJECTED

    ATTEMPTED MURDER OF POLICE OFFICER

    Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.

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    CASE
    REJECTED

    CASE REJECTED

    ASSAULT WITH A DEADLY WEAPON

    Strike felonies including assault with a deadly weapon - car with great bodily injury.

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    case dismissed

    Case dismissed

    CAR ACCIDENT

    Car accident, no license, speeding (filed by Anaheim City Attorney).

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    case dismissed

    Case dismissed

    CHILD ENDANGERMENT / CRUELTY

    Penal Code 273a(b) Child endangerment/cruelty.

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    case dismissed

    Case dismissed

    CHILD MOLESTATION

    Child molestation: Felony.

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    PROBATION TERMINATED EARLY

    PROBATION TERMINATED EARLY

    COMMERCIAL BURGLARY

    Commercial burglary probation violation: dismissed, no violation found.

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    case dismissed

    Case dismissed

    CONTEMPT OF COURT ORDER

    Contempt of court order by a gang member.

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    Case dismissed

    Case dismissed

    CSA CASE

    CSA case dismissed.

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