For more than 25 years, criminal defense lawyer Dan Koukol has successfully defended battery cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas.
If you are charged with an assault of any kind, you need an lawyer who:
I have represented hundreds of clients, and my experience with assault cases in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis allows me to get to the best outcome possible in your case.
If you are facing assault charges, call me at (530) 823-5400 to set up a free consultation.
Charge | Description | Severity | Sentence Range With Probation | Sentence Range Without Probation |
Penal 240 | Assault | Misdemeanor | 0 to 180 days | 0 to 180 days |
Penal 243(c)(1) | Assault with deadly weapon | Felony | 0 to 365 days | 2y, 3y, or 4y |
Penal 245(a)(1) | Assault with deadly weapon | Misdemeanor | 0 to 365 days | 0 to 365 days |
Penal 243(a)(2) | Assault with a firearm | Felony | 0 to 365 days | 2y, 3y, or 4y |
Penal 245(a)(2) | Assault with a firearm | Misdemeanor | 180 to 365 days | 180 to 365 days |
Penal 243(a)(4) | Assault with force likely to cause serious injury | Felony | 0 to 365 days | 2y, 3y, or 4y |
Penal 245(a)(4) | Assault with force likely to cause serious injury | Misdemeanor | 0 to 365 days | 0 to 365 days |
Penal 245(b) | Assault with a semiautomatic firearm | Felony | 0 to 365 days | 3y, 6y, or 9y |
Penal 245(c) | Assault on police with force likely to cause injury | Felony | 0 to 365 days | 3y, 4y, or 5y |
Assault is the attempt to commit a battery.
There are many different types of assault. One of the lowest level assaults is referred to as simply “assault” and is a misdemeanor that carries a maximum jail term of six months.
Some assault charges are based upon the victim, such as battery of an officer, firefighter, or school employee. Some charges are based on the circumstances of the assault, such as force likely to cause a serious injury, a deadly weapon (including a vehicle), a firearm, a stun gun, or with a caustic chemical such as acid.
Most forms of assault are considered wobblers (meaning they can be charged either a felony or a misdemeanor depending on the circumstances of the crime and your criminal record). Many of the assault charges are also strikes under California’s Three Strikes Law.
A misdemeanor conviction for assault carries a 10-year prohibition from possessing a firearm. A felony assault conviction results in a lifetime firearm possession prohibition, though in some cases the lifetime ban can be reduced to 10 years.
Assault with a Deadly WeaponA frequently charged assault offense is assault with a deadly weapon which is charged under Penal Code section 245(a).
To prove you are guilty of this crime, the prosecutor must prove that:
Although the legal defenses that apply are different in every case, there are several defenses common to assault charges. Some of these include (but are not limited to):
If you cannot successfully defend against the assault charge, to enter an admission to settle your case you will want to:
If you are facing assault or other charges, I can help. Call me at (530) 823-5400 to set up a free consultation.