The first version of events isn't always correct.
In many assault investigations, officers must make quick decisions based on conflicting witness statements and limited evidence. Unfortunately, important facts that support the defense may never make it into the police report.
Our attorneys routinely investigate issues such as:
- Self-defense that wasn't fully considered
- Witnesses whose accounts conflict with one another
- Missing or incomplete surveillance video
- Body-camera footage that contradicts police reports
- Mistaken identity
- Charges that overstate what actually occurred
By conducting our own investigation immediately, we often uncover evidence that strengthens the defense and creates opportunities to negotiate reduced charges or seek dismissal.
Understanding Assault Charges Under California Law
California distinguishes between assault and battery, even though many people use the terms interchangeably.
- Assault (Penal Code §240): Attempting to use force or violence against another person. No physical contact is required.
- Battery (Penal Code §242): The unlawful use of force or violence involving unwanted physical contact.
Depending on the circumstances, prosecutors may file misdemeanor or felony charges, particularly when allegations involve serious bodily injury, weapons, or protected victims.
Assault Offenses We Defend
Our attorneys defend clients accused of offenses including:
- Assault with a Deadly Weapon (PC §245)
- Domestic Battery (PC §243(e)(1))
- Battery Causing Serious Bodily Injury (PC §243(d))
- Sexual Battery (PC §243.4)
- Battery on a Peace Officer (PC §§243(b), 243(c)(2))
- Other misdemeanor and felony assault charges
Possible Penalties for Assault in San Jose
The penalties for assault vary depending on the allegations and whether prosecutors pursue misdemeanor or felony charges.
Examples include:
- Simple Assault (PC §240): Up to six months in county jail and a fine of up to $1,000.
- Battery (PC §242): Up to six months in county jail.
- Assault with a Deadly Weapon: Up to one year in county jail as a misdemeanor or two, three, or four years in state prison if charged as a felony.
- Aggravated Assault: Cases involving great bodily injury or other aggravating circumstances may result in lengthy prison sentences and enhanced penalties.
An assault conviction may also affect firearm ownership, immigration status, professional licensing, employment opportunities, housing applications, and future background checks.
Why Clients Turn to Michael & Associates
Criminal defense is all we do. Every client is represented by an experienced senior trial attorney who prepares each case with the expectation that it may ultimately be decided by a jury.
Clients choose our firm because we provide:
- Senior trial attorneys from start to finish
- Immediate investigation and evidence preservation
- Personalized defense strategies
- Responsive communication throughout the case
- Flat-fee representation
- Trial-ready advocacy from day one
We represent clients throughout the Santa Clara County Superior Court system and neighboring Bay Area communities.
How We Defend Assault Allegations
Our approach begins by testing every piece of the prosecution's evidence rather than accepting the police narrative at face value.
Depending on the facts, defenses may include:
- Self-defense or defense of another
- False or exaggerated allegations
- Contradictory witness testimony
- Video evidence supporting the defense
- Constitutional violations involving searches or arrests
- Insufficient evidence to prove guilt beyond a reasonable doubt
Our objective is always to pursue dismissal, negotiate favorable resolutions, or secure acquittals at trial whenever possible.
What You Can Expect From Our Firm
When you hire Michael & Associates, we immediately begin preparing your defense.
Our attorneys will:
- Analyze the allegations and available evidence
- Obtain police reports and body-camera footage
- Conduct an independent investigation
- Develop legal and factual defenses
- Communicate with prosecutors throughout the case
- Prepare every matter as though it will proceed to trial
We also assist clients with bail, protective orders, emergency legal guidance, and every stage of the criminal court process.
Sources: Michael & Associates research; California Penal Code §§ 240–248; Santa Clara County Superior Court; Santa Clara County District Attorney's Office; San Jose Police Department; California Courts Self-Help Center; California Criminal Law: Procedure and Practice; California Guide to Criminal Evidence.
