Acts that constitute assault are so diverse, and many people get confused about this charge. Even people that didn’t hurt or injure other people still get assault charges in California. Incidences of assault fall into two main categories – simple and aggravated offenses.

The two are similar, yet so different – with the greatest difference being their penalties. Knowing how to differentiate a simple assault from an aggravated assault is integral in understanding your criminal charge. An Orange County criminal defense attorney can also tell you what the law says about the offense you are accused of.

What Differentiates a Simple Assault from Aggravated Assault?

If you are accused of assault, the prosecution can charge you as a simple or aggravated offender. It is critical to understand the definition of the two, to avoid being charged for the wrong type of assault. Also, having an Orange County assault and battery attorney can protect you from such misunderstandings.

Your assault case might be a simple type if it fits the following description:

  • You were not defending someone else or yourself
  • You had the ability to apply the force you were threatening to apply
  • You were aware that what you were doing would make a reasonable person believe that the action was forthcoming
  • Your acts were willful
  • You acted in a way that would have resulted in force directly reaching the victim

A more complex or severe form of simple assault is considered aggravated assault. Using or threatening to use something that can potentially kill the victim falls in this category. It could be a deadly weapon like knives or guns, or anything dangerous like a baseball bat or a vehicle. Examples of acts that can aggravate a simple assault include:

  • Assault causing great bodily injury
  • Using a firearm
  • Using a deadly weapon
  • Assaulting a school employee, peace officer, firefighter, or a police officer
  • Assaulting a pregnant woman
  • Assault perpetrated while committing another crime

How Do Simple vs Aggravated Assault Penalties Differ?

Being a misdemeanor, the penalties for simple assault may not be as serious. A successful conviction can come with:

  • Fines of up to $1,000
  • Up to six months in jail

Aggravated assault, on the other hand, is a more serious wobbler offense that can be charged either as a felony or a misdemeanor. The decision usually depends on your criminal history and the facts of the case. If charged as a misdemeanor, one risks:

  • Up to a year in jail
  • Fines as high as $10,000
  • Confiscation of weapons
  • Probation
  • Restitution
  • Court-mandated anger management class
  • Community service

Aggravated assault charged as a felony is pretty serious in California because it is subject to the California Three Strikes Law. So, anyone that has had two or more convictions for violent crimes like domestic violence, or other felonies can get increased sentences. For instance, three strikes on your record are enough to grant you life imprisonment. Other specific penalties that convicts can receive include:

Assaulting a Peace Officer Using a Deadly Weapon

  • Up to 5 years in prison
  • Fines as high as $10,000
  • Confiscation of weapons and loss of gun rights
  • Probation
  • Restitution for the victim
  • Court-mandated anger management class
  • Community service

Assaulting with a Semi-Auto Firearm

  • Up to 9 years in prison
  • Fines as high as $10,000
  • Confiscation of weapons and loss of gun rights
  • Probation
  • Restitution for the victim
  • Court-mandated anger management class
  • Community service

Assaulting with a Machine Gun

  • Up to 12 years in prison
  • Fines as high as $10,000
  • Confiscation of weapons and loss of gun rights
  • Probation
  • Restitution for the victim
  • Court-mandated anger management class
  • Community service

Assault Likely to Cause Great Bodily Injury

  • Up to 4 years in prison
  • Fines as high as $10,000
  • Confiscation of weapons and loss of gun rights
  • Probation
  • Restitution for the victim
  • Court-mandated anger management class
  • Community service

Assault with a Firearm

  • Up to 4 years in prison
  • Fines as high as $10,000
  • Confiscation of weapons and loss of gun rights
  • Probation
  • Restitution for the victim
  • Court-mandated anger management class
  • Community service

Assault with a Deadly Weapon

  • Up to 4 years in prison
  • Fines as high as $10,000
  • Confiscation of weapons and loss of gun rights
  • Probation
  • Restitution for the victim
  • Court-mandated anger management class
  • Community service

If you are arrested and charged for any type of assault, an assault and battery attorney in Southern California can help you avoid these consequences. The desirable outcome would be to have the charges dropped or reduced to a less serious type.

Do the Legal Defenses for the Two Charges Differ?

Strategic defense is what you need to beat a simple or aggravated assault charge in California. Remember that even if nobody was actually hurt by what you did, you could still be convicted. But with some of the most powerful defenses, you can get the coveted “not guilty” verdict. Defenses for simple assault include:

  • Mistaken identity
  • You were wrongly accused
  • You didn’t intend to commit the act
  • You had no ability to inflict force on the victim
  • You acted in defense of yourself or defense of others

Notably, the defenses for aggravated assault are usually similar to those of a simple assault. You can prove that you had no ability to inflict injury on the alleged victim by showing that the gun had no bullets. A case of mistaken identity needs proof showing that you were at a different location when the incident occurred.

You need a skilled Laguna Hills and Orange County assault and battery attorney to put together all the evidence, and build a strategic defense for you. If it is done skillfully, it can pave the way for an acquittance or reduced charges, at the very least.

Legal Guidance from a Qualified Criminal Defense Attorney

A simple and aggravated assault might be a little different, but both come with serious penalties. Your life can change significantly if you are convicted. Regardless of which type of assault you were charged with, it’s critical to seek the guidance of an experienced Southern California criminal defense attorney.

Early preparations is good for your case. Get in touch with the criminal defense team at The SoCal Law Network to begin building a strong defense for a favorable outcome. Call us at (949) 305-7995 to schedule a FREE consultation with us.