San Jose Assault Attorney

If you’ve been accused of a misdemeanor or a serious felony in the San Jose or Silicon Valley Area, a criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.


Summit Defense
2570 North 1st Street , Second Floor San Jose, CA 95131

San Jose Assault Attorney

If you’ve been accused of a misdemeanor or a serious felony in the San Jose or Silicon Valley Area, a criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.


Summit Defense
2570 North 1st Street , Second Floor San Jose, CA 95131
Last Modified: October 10, 2023

San Jose assault attorneyFacing assault charges in San Jose can be overwhelming and daunting. It’s essential to understand your rights and secure the best defense possible. At Summit Defense, we’re here to guide you every step of the way.

At Summit Defense, the criminal defense lawyers from our law firm are intimately familiar with the criminal justice system. Now, we can fight for you as well. The San Jose criminal attorneys from our law offices believe that everyone is innocent until proven guilty. We will listen to your case without preconceived notions. If you want a criminal defense lawyer in San Jose, California, who will protect your rights, our law office is here to help you.

Learn more about assault as a criminal offense below. Then, schedule a consultation with our criminal defense attorney.

How a San Jose Assault Lawyer Can Help You With Your Case

How a San Jose assault lawyer can help you with your caseEngaging an experienced San Jose assault attorney is crucial when dealing with these serious allegations. Not only can they navigate the complexities of California’s criminal law, but they can also provide sound advice and a robust defense strategy. Your lawyer will work diligently to safeguard your rights. If you go to trial, your lawyer will ensure it is fair. With expert legal representation, you significantly increase your chances of a positive outcome. Our legal team is here to help you.

Initial Consultation and Case Evaluation

When you first meet with our team, we’ll comprehensively review your case. This initial consultation helps us understand the specific circumstances surrounding your charges. With this information, we can pinpoint the best defense strategies for your situation. Every case is unique, and this first step is vital in shaping the direction of your defense.

Gathering Evidence and Conducting Investigations

After understanding your situation, our team will proactively gather evidence and conduct investigations. This process can include reviewing police reports, surveillance footage, and any other relevant documentation. Our meticulous approach ensures that every possible angle is considered. With comprehensive evidence, we can build a stronger case in your defense.

Identifying and Interviewing Witnesses

Witness testimonies can play a pivotal role in assault cases. Our attorneys work diligently to identify potential witnesses and secure their testimonies. Interviews help paint a clear picture of the incident, which can bolster your defense. It’s essential to approach this step strategically, ensuring all testimonies are accurate and beneficial.

Developing a Defense Strategy Based on the Circumstances of the Case

Every case has nuances, so a tailored defense strategy is essential. Depending on the specifics of your case, our attorneys will decide whether to challenge the evidence, question witness credibility, or use other tactics. This tailored approach ensures your defense is as robust and effective as possible.

Understanding Assault Charges in San Jose

Assault charges in San Jose can vary in severity, from misdemeanors to felonies. The specific charge often depends on the circumstances of the alleged incident. It’s crucial to comprehend these charges and their implications. Armed with knowledge, you can better prepare for what lies ahead.

Overview of Common Assault Charges in San Jose

Overview of common assault charges in San JoseIn San Jose, assault charges can range from simple altercations to severe offenses. Understanding the distinctions between these charges is essential for your defense. The following are some of the most common assault charges in the area:

California Penal Code 240 – Simple Assault

Simple assault is the act of trying to physically harm someone without necessarily making contact. It’s important to note that you can be charged even if no injury occurred. This charge typically falls under a misdemeanor, carrying penalties like fines and possible jail time.

California Penal Code 245 – Aggravated Assault

Aggravated assault refers to an assault committed with the use of a weapon or force that can cause severe injury. The severity of the charge depends on the weapon used and the extent of the injuries. Aggravated assault could be a misdemeanor or a felony. It depends on the specific situation and facts of your case.

California Penal Code 245(A)(1)- Assault With a Deadly Weapon

This charge pertains to assaulting someone with a weapon other than a firearm. In this context, objects like knives, bats, or even cars can be classified as deadly weapons. The severity of the charge often depends on the weapon used and the victim’s injuries.

California Penal Code 242 – Simple Battery

Simple battery involves actual physical contact or harm. Even if the contact is minimal or doesn’t cause injury, you can still face charges. The crime is typically considered a misdemeanor, with penalties including fines and potential jail time.

California Penal Code 243(D)- Battery Causing Great Bodily Harm

This charge applies when a battery results in severe bodily injury to another person. Due to the more serious nature of the injuries, this charge carries heavier penalties. This is another charge that could be a misdemeanor or a felony.

Elements of Assault Offenses

For a prosecutor to prove an assault charge, certain elements must be present. First, there must be proof of intent to commit harm. Second, there needs to be a clear act that supports this intent. In addition, the victim must have reasonably feared that they were in imminent danger. Understanding these elements helps in formulating an effective defense strategy.

Potential Penalties for Assault Convictions

Potential penalties for assault convictionsConvictions for assault charges can lead to various penalties. These might include probation, fines, mandatory anger management classes, or incarceration. The severity of penalties often depends on the nature of the assault, prior convictions, and other circumstances.

Having an experienced attorney who can potentially reduce these penalties or even get charges dropped is crucial. Even if you have to face sentencing, we can work to secure a more favorable outcome for you.

Factors That May Enhance or Mitigate Sentencing

In the intricate landscape of the legal system, sentencing isn’t just a matter of guilt or innocence. It’s a nuanced process where specific circumstances surrounding an offense can influence the outcome. A myriad of factors play a role in determining how severe or lenient a sentence might be.

  • Aggravating Factors: These elements can intensify an offense’s seriousness. For instance, if a weapon was used during an assault, or if the assault led to serious bodily injury, the court could view the crime as more grave, leading to more severe penalties.
  • Mitigating Factors: On the opposite spectrum, mitigating factors can diminish the perceived severity of an offense. Actions taken in self-defense or as a reaction to provocation can sometimes lessen the penalty, as they provide context that might justify the accused’s behavior to some extent.
  • Previous Criminal Record: An individual’s past can heavily influence sentencing. A clean record might sway a judge towards leniency, while a history of similar offenses could result in a harsher sentence, as it paints a picture of habitual behavior.
  • Cooperation with Authorities: An accused person’s willingness to cooperate with law enforcement and the court can sometimes play in their favor. By demonstrating remorse or aiding in an investigation, one might find themselves facing a more compassionate judgment.
  • Victim Impact Statements: The voice of the victim can significantly shape sentencing. A statement that conveys profound trauma or long-lasting harm may push for stricter punishment, while a forgiving or understanding stance from the victim could lead to a more merciful verdict.

Understanding these factors is crucial for anyone navigating the legal system. They underscore the importance of thorough case preparation and tailored defense strategies. Equipped with a deep comprehension of these elements and an experienced attorney, one stands a better chance at a fair and just outcome in court.

What to Do if You Are Charged With Assault in San Jose, CA

What to do if you are charged with assault in San JoseBeing charged with assault can be a life-altering event. It’s essential to act swiftly and intelligently to protect your rights and future. Knowing the best steps to take immediately after an accusation can significantly affect your case outcome. There are a handful of steps you need to follow in this situation. They include:

Stay Calm and Compliant

Panicking or becoming confrontational can exacerbate the situation. It’s vital to stay calm, even if you believe the charges are unfounded. Follow all police directives and refrain from making any sudden or aggressive moves. Cooperating can prevent further complications or additional charges. You do not want to say or do anything that could make the situation worse.

Do Not Speak Without Legal Representation

Anything you say can be used against you in court. Therefore, it’s essential to remain silent until you can consult with an attorney. Respectfully decline to answer questions and ask for a lawyer. Securing legal representation early on ensures your rights are protected. If you need to say something, let your attorney do the talking. We are here to represent you.

Document Everything

Remembering specific details can be challenging as time progresses. Take the time to document everything you remember about the incident as soon as possible. This record can function as a valuable resource when building your defense. You never know when something could aid you in your defense. Ensure you keep a firm record.

Avoid Contact With the Accuser

Reaching out to the accuser can lead to further complications. It’s best to maintain distance and avoid any form of contact, even if you believe the charges are baseless. Let your attorney handle all communications related to the case. If you reach out to the accuser, you could face additional sanctions. You could even have your bail revoked. Make sure you follow the directions of the judge.

Secure Legal Counsel Immediately

Hiring a knowledgeable San Jose assault attorney is crucial. They can provide guidance, support, and expert legal advice throughout the process. An experienced attorney can navigate the intricacies of the legal system, ensuring the best possible outcome for your case.

Follow All Legal Directives

If you’re given specific instructions or conditions, like attending court hearings or avoiding certain areas, it’s imperative to follow them. Neglecting to do so can result in additional charges or penalties. Adhering to all legal directives shows your commitment to resolving the matter responsibly.

Schedule a Free Consultation With Our San Jose Assault Attorney at Summit Defense Today

Schedule a free consultation with our San Jose assault attorney at Summit Defense todayAt Summit Defense, we understand the gravity of assault charges and the impact they can have on your life. We believe in thorough preparation, tailored defense strategies, and relentless advocacy on behalf of those we represent.

Facing assault charges can be one of the most challenging periods in your life. But remember, you don’t have to face it alone. At Summit Defense, we stand by your side. We are passionate about advocating for the needs of our clients. 

Reach out today, and let us help you navigate this challenging journey.

San Jose Assault Charges FAQs

What’s the Difference Between Assault and Battery in California?

In California, assault is the attempt or threat to cause harm, while battery involves actual physical harm or unwanted touch.

Can I Avoid Jail Time if I’m Charged With Assault in San Jose?

Yes, depending on the circumstances and your defense, you might receive probation, fines, or other alternatives to jail time.

Do I Need to Hire an Attorney if I’m Falsely Accused of Assault?

Yes, hiring an attorney ensures your rights are protected and increases the chances of proving your innocence.

How Long Does It Take to Resolve an Assault Case in San Jose?

The duration varies based on case complexity but can range from a few months to over a year.

Can I Get My Assault Conviction Expunged in San Jose?

Yes, you can get your conviction expunged under specific conditions and with the right legal process.

Meet The Team
With over 120 years of cumulative and exclusive Criminal Defense experience, our reputation for aggressive and results oriented performance, whether in State court or Federal Court, has been documented by several Bay Area news channels and vetted by hundreds of satisfied clients. Our success and industry recognition is the result of our EXCLUSIVE FOCUS on criminal defense; we don’t accept personal injury or family law cases. This single-minded focus allows us to keep pace with the ever-changing landscape of legal doctrine and provide you with the best results possible.
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Client Testimonials

Real People. Real Stories.
Summit Defense is nothing short of AMAZING, namely, Rabin N. When I caught my case, I was scared out of my mind and didn’t know what to do or what to expect, Rabin kept gave me realistic expectations but got me THEE BEST outcome imaginable. I was facing 3-5 years IN PRISON, and walked away with NO JAIL TIME!! I will forever be grateful for his knowledge and expertise!! This man KNOWS WHAT HE’S DOING and is VERY WELL CONNECTED!
Michelle C.
San Jose
After my son’s arrest, I met with several attorneys who promised miracles for very high fees.  I ended up hiring Summit Defense right before the Preliminary Hearing in the case.  If you are looking for honest and skilled lawyers, choose Summit Defense.  Despite several mistakes by my first lawyer, Mr. Weese was able to correct the record and get us the best results at a reasonable price.
Sunny c.
Los Altos
Thank you Mr. Riley for not giving up and saving our family from ruin.  I can’t imagine where I would be if it weren’t for your diligence and amazing talent.  You are truly one of a kind Mr. Riley and I will be greatful for you for the rest of my life.
Marcus P.
San Jose
The attorneys at this firm are amazing!  It  took two years to resolve my case and through out everyone was amazing.  Special mention for Jessica, the paralegal who worked tirelessly with me to deliver all the documents needed and was probably my best friend for the entire time.
Timothy C.
Amazing lawyer and just a kind, no bullshit human being.  Told me what could be done and did it for half the price and ridiculous promises other attorneys delivered.
Ginger W.
Thank you for everything.  Your empathy, diligence and for not giving up.  Highly recommend if you get a DUI.
Tony F.
I have known many lawyers in my day and these guys are top guns. Richard Weise was professional and  really went to bat for our whole family.  Highly recommend if you need a criminal lawyer.
Connie L.
Can’t express how pleased with Tennille Duffy.  She is the most talented attorney I have seen and challenged every detail and never backed down.
Athena H.
Forever grateful to whole team of attorneys for doing an outstanding job on a DUI case. Very responsive and talented. Richard is an exceptional lawyer and I would highly recommend him to anyone seeking a criminal lawyer.
Sophie H.