It is considered an assault when one attempts to harm another or threatens him with bodily injury. The act itself does not involve physical contact of any sort. A battery, on the other hand, is similar to an assault, only more severe. The person committing the crime gets in contact with the victim causing physical harm. In both cases, one may use deadly weapons with the intention of causing bodily harm to another person. In California, a first-time assault without the use of any weapons is seen as a misdemeanor. But, if the same crime is pre-meditated and causes serious harm to the victim, it will be considered a felony. Continue reading this article to learn what one can do when faced with such severe charges.
What is an Assault: Suppose one gets involved in a heated argument with someone and decides to throw something at him but misses nonetheless; it is as an assault. There was a chance that the victim might get hurt if the object hit him/her. If one threatens to physically harm and then takes steps to carry out his plans, it is also considered an assault as long as there is no bodily harm done.
- It is interesting to note that assaults against public workers and healthcare providers lead one to face more serious consequences. One simply cannot go on assaulting doctors, nurses, firefighters, lifeguards, and more with facing grave consequences.
- Simple assaults can be considered Wobbler Assaults if the victim is a corrections officer, police officer, juror, or school district police officer.
How to get out of Jail: So, what if one finds himself behind bars for losing temper? Maybe he got an argument with a highway worker and now is charged with a misdemeanor crime. In California, one committing a misdemeanor is charged with fines up to $1000 with six months of prison sentences. The fine will be doubled if the victim of the assault is a healthcare professional. Keeping in mind the outcome of such rage and outbreaks, one must always take a step back and reflect on his actions.
- One taken to police custody for a simple assault, he must opt for bail. The court will decide a bail amount during the bail hearing. The sum is selected from a pre-determined bail schedule. If the defendant finds the sum too hefty, he can always go for a surety bond. There are various bail bond services in California providing their clients with a fast bail. One may choose 24/7 services of bail bonds San Diego for getting out of jail.
- The bail agents usually guide the defendant with the process of bail. These agents take ten percent of the bail sum as a fee. The rest of the money is posted to the court on the defendant’s behalf. One might require a third person to co-sign the bail contract and put their property as collateral for the bail.
A wobbler assault results in more severe consequences, leading up to three years in county jail or state prison. The punishment gets severe depending on the criminal history of the defendant. The court might also decide to impose probation instead of jail time.