An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Cal. Penal Code § 240).
In San Diego, assault is a realistic physical threat to injure another person. In other words, it is an intentional attempt to physically injure another, or a menacing or threatening act or statement that causes the other person to believe they are about to be attacked. This crime does not involve actual physical contact.
For example, throwing a punch at someone during an argument (but missing) is a simple assault in San Diego, as long as the intended victim was close enough to get hit by the punch. Words alone, such as “I’m going to hit you” are not assault, but threatening to hit someone with an object is considered an assault when accompanied by an action that shows intent to carry out the threat, such as winding up for a swing or throw.
It is important to note that for an act to constitute criminal assault, the conduct must be intentional. An action that is accidental is not a crime. For example, if someone swats at a fly without noticing that another person is close by, that person may not have criminal intent to commit a violent injury. An offender’s claim that he did not know that an intentional, angry and/or menacing act was against the law, however, does not negate intent.
In the state of California, domestic violence is a serious issue. The California legislature has enacted several statues that are broad enough to encompass a variety of acts which makes it illegal to commit an assault, battery, abuse, stalk or threaten a family member, an ex-spouse, fiancé, cohabitant or a domestic partner.
If you have recently been arrested on a domestic related charge, you need to understand that the allegations are severe enough that you could serve jail or prison time. Usually a domestic violence charge is initiated upon a 911 call in which the victim claims he or she has been physically assaulted by a family member, or someone in which the victim has or is currently involved in a close relationship. Law enforcement officers ordinarily take photographs of the alleged victims’ person or body parts which shows physical signs that an abuse has occurred. This information, along with any statements provided by the victim, witnesses or alleged perpetrator, the arresting officer’s report, and records of the 911 call are forwarded to a special unit of the prosecutor’s office which handles domestic violence cases.
If you or a loved one has been arrested for a 1st Offense DUI in San Diego, you need to act fast. You only have 10 calendar days from the date of arrest to contact the California Department of Motor Vehicles or you will face an automatic suspension of your license. Do not wait until it is too late. You can face serious consequences simply by waiting too long. Goldman Legal can help you get the results you deserve. Contact our firm within 10 days of your San Diego DUI arrest and we will request your administrative per se DMV hearing. We are attorneys dedicated to drunk driving defense and will not rest until your case is complete. No matter what the circumstances of your 1st offense DUI, we can help.
Goldman Legal is headed by lead Trial Lawyer Jennifer R. Goldman. Ms. Goldman has a proven track record in drunk driving defense. She has handled hundreds of DUI cases obtaining acquittals and dismissals. You cannot afford to “go it alone.” You need the help and expertise of an experienced criminal defense attorney who will get you the best possible outcome in your case.
All drug possession crimes in California are classified as infractions, misdemeanors, “wobblers,” or felonies.
A “wobbler” is an offense that may be charged or sentenced as either a misdemeanor or a felony, depending on the circumstances and the decisions of the prosecutor and/or judge.
The majority of first offense DUI cases in San Diego are misdemeanor cases. Generally, a leading drunk driving defense lawyer can appear on your behalf meaning you may not have to appear in court. It is crucial, however, that you retain an attorney prior to your court date and do not fail to appear on your case. A failure to appear can result in a warrant being issued for your arrest.
The ramifications of criminal charges can negatively impact your life, long after the case itself is resolved, regardless of the outcome. For example, a charge on your criminal record can become an obstacle when you are seeking employment, applying to become a coach for a youth sports team, or even attempting to adopt a child.
Many people don’t realize that even in cases in which the charges are ultimately dismissed, a record of the initial arrest and the original charge and/or charges remains, and as such, will appear on a criminal background check. Fortunately, California provides a legal solution for eligible applicants through a process called an expungement, a service Goldman Legal provides for clients on a regular basis.
Under the military diversion program, a veteran who has been charged with a misdemeanor crime can participate in an approved program that addresses the mental health problems that the veteran may be experiencing. Upon completion of the program, which will take no longer than two years, the misdemeanor charge is dismissed and the arrest will be considered to “never have occurred.”
For those who have served and sacrificed for our country, this program is a chance to become rehabilitated and overcome the suffering from many mental health issues, which may have contributed to being charged with a misdemeanor.
Probation may be violated in many different ways. Circumstances that may lead to a probation violation include:
Legal Rights at a Probation Hearing
If you are facing probation violation charges, it is important to know your legal rights to minimize or avoid additional penalties and consequences. Generally, you have the right to: (1) receive written notice of the claimed violations against you, (2) be heard by a neutral judge in court, (3) attorney representation, and (4) to present evidence and witnesses to support your case, or refute evidence against you.
People who have been convicted of Prop 47 felonies, no matter how recently or long ago, are entitled to request resentencing or reclassification, by filing an application or petition with the court where they were convicted. Proposition 47 was listed as the California “Safe Neighborhoods and Schools Act” on the ballot.
Application is appropriate for both those previously released from custody or probation, and those who are still serving time. This could mean immediate release from custody followed by a shorter term of parole than would have originally occurred, for those still serving out their sentences.
Eligible inmates must file a petition or application to the court that sentenced them by November 4, 2017 (or within three years of the effective date of the initiative).
Temporary Restraining Orders (TRO)
Sometimes you may be accused of these types of behaviors in the form of a restraining order which can also be called a protective order.
A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person.