Falsely Accused of Simple Assault
Dec. 29, 2022
Many people underestimate what qualifies and what doesn’t qualify for assault in California. Nowadays, people can take out their phones at any time to record an incident and skew the situation to make it look like someone is doing something wrong. At times, this can lead to criminal charges.
If you have been falsely accused of simple assault, turn to a trustworthy criminal defense attorney to fight for your rights. If you have been falsely accused of assault in the Bay Area or anywhere else in California, contact me at Darryl A. Stallworth Law Office to discuss your case. case. I serve the areas of Oakland, Alameda County, San Francisco, and all over the state.
Simple Assault in California
Simple assault is defined as the intent or the attempt to harm someone. If you try to strike someone but do not make contact or if you say threatening things while physically acting in an intimidating way, you could be charged with simple assault in California. It is important to note, however, that if you have been provoked, taking physical action may be acceptable, regardless of if the person that was struck claims assault. If someone “disturbs the peace”—meaning, if they shout explicit words, racial slurs, or any other forms of “fighting words”—it is not unheard of to take action. Every case is different, so contact me in Oakland to set up a consultation to discuss yours.
In the state of California, simple assault is a misdemeanor and can be punishable by up to six months in jail and fines of up to $1,000. While those might not seem like harsh penalties, they can have other effects on your life like loss of a job, strained relationships, housing troubles, and more. As a knowledgeable criminal defense attorney, I help those who have falsely been accused of assault in Oakland, Alameda County, San Francisco, and all over the Bay area and Northern California. Get in touch with me today and let’s make a game plan.
What to Do if You Have Been Arrested for Assault
If you have been arrested for simple assault in Northern California, take heed of the phrase that we have all heard many times - “You have the right to remain silent. Everything you say and do can be used against you in a court of law.” This is advice you should certainly take if you have been falsely accused of assault. Do not think that the police officers will agree with you if you tell “your side of the story.” They may take that information and twist it to make it seem as if you know that you are guilty. What you should do is remain silent and hire a criminal defense attorney. From there, your attorney will listen to your story and begin to gather applicable evidence to build a strong case.
You should also avoid any contact with the accuser and anyone who is saying that you are guilty. It can be hard to not react, but it helps when you keep calm and do not react aggressively. If you have been arrested for simple assault in the Bay area of California, contact me at Darryl A. Stallworth Law Office immediately.
Possible Defenses for False Accusations
Many false accusations can turn into a “he-said-she-said" situation. However, with the help of a skilled criminal defense attorney, you may be able to find the defense strategy that applies to your incident. If someone has accused you of assault but has not filed legal charges against you, I can investigate the claim and seek evidence or a defense that will help fight the charges when and if pressed. As your attorney, I can attempt to impeach the accuser or any witnesses by asking questions that can undermine the case brought against you.
Talk to an Attorney Today
Being falsely accused of a crime is never easy to handle. Not only do you have to deal with the burden of criminal charges, but knowing that you did not do it and not having people believe you can kill your spirit. That is why I have dedicated my career as a criminal defense attorney to helping those accused of crimes seek the justice that they deserve. If someone has made a false assault allegation against you, contact me today at Darryl A. Stallworth Law Office in Oakland, California, to schedule a consultation. I defend clients in the areas of Alameda County, San Francisco, and all over the Bay area and Northern California.