Los Angeles has also witnessed worrying surges in the number of incidents involving firearms in recent years — and an increase in risks of the charges for assault with a deadly weapon. The rise in gun violence has resulted in more arrests and prosecutions of people accused of assault with firearms. For anyone facing those kinds of charges, the stakes could not be higher.” The impact of charges of assault, especially with a weapon, can influence your life, reputation, and liberty. To handle the complexities of such serious accusations not just any defence will do, you'll want the services of an Assault Defence Attorney in LA who has specific experience defending people charged with weapon offences.
We know that every case is different at Alimouri Law, and when a firearm is involved, there are even more issues at play. On the subject of defending against assault charges about gun violence, one needs not only a deep understanding of California criminal law but also, the ability to create strategies that can address the particular technical nuances of a weapon-related incident. This post takes a look at some of the complexities of defending assault charges against a troubling backdrop of growing gun violence in Los Angeles and explores some nuances of the law, some applied defensive strategies, and some hypothetical real-life situations.
There has been a worrying rise in violent crimes with guns, not least in the cities where the population density is very high. Recent reports noted that gun violence has increased by double digits over the last few years, which only complicates the task of providing Criminal Defence in Assault Cases. Because guns are often implicated in assaults, the nature of the charges becomes far more complicated, carrying increased penalties and greater public scrutiny.
In a city that is rife with firearms in high-stakes encounters, the difference between simple assault, aggravated assault and assault with a firearm is important. When there is a gun involved, conviction can lead to longer prison sentences, large fines and in some cases, an indelible black mark on one’s criminal record that can inhibit future employment or civil rights.
California’s gun laws are among the toughest in the country, so any charge of assault involving firearms is serious. In Virginia, the law calls for harsh penalties for weapons offences, and the presence of a firearm in a hypothetical assault situation can have a meaningful impact in a prosecution. California Penal Code Section 245, for instance, carries increased penalties for a type of assault with a firearm, which has the potential to elevate a charge to a felony that could carry up to four years in prison.
As mass shootings, gang violence and domestic disputes spiral into fatal ranges, there are those in law enforcement eager to go after those who attack with firearms aggressively. As such, those with these charges need an attorney well-versed in California's firearm laws, and one who understands how the ever-changing dynamics around them might be interpreted by California courts and juries.
If the assault charge involves the use of a firearm, the defence must analyze the various elements involved in the case, and then attempt to poke holes in the prosecution's evidence as part of their strategy. Below are some of the most common defence strategies that an Assault Defense Attorney may use to help win cases involving firearms.
1. Challenging the Credibility of Eyewitness Testimony
Although eyewitness testimony is often considered highly important in assault cases, it can be extremely unreliable — given that eyewitnesses will be in a highly stressful situation, often with the presence of a weapon. One of the most critical pieces of defence against a prosecutor is the credibility and reliability of the witnesses.
Often, witnesses may exaggerate or misunderstand the actions of the defendant, especially when a weapon is involved. An Assault Lawyer in Los Angeles can point out inconsistencies or contradictions in a witness’s statement. If one witness testifies that a particular gun was pointed at the victim but no such gun was even found, for example, the discrepancy can put reasonable doubt on the overall case.
2. Self-Defense and Stand Your Ground Arguments
Perhaps the most common defence to any type of assault case, including gun activity cases, is that of self-defence. California law permits the use of reasonable force in self-defence against an imminent threat. When it comes to firearms, though, it gets a bit tricky. Concerning assaults with a firearm, the law requires that the defendant have had a reasonable belief that he was in imminent peril of imminent death or serious bodily harm.
California does not have stand-your-ground laws, so the defendant would have had to retreat if possible. Where the prosecution's evidence does not establish beyond a reasonable doubt that there was no reasonable belief of imminent harm by the defendant, a self-defence argument can be an effective basis for an acquittal or reduction of charges.
For those situations where the defendant was under the threat of the use of gun violence, a deeply-accounted set of events is necessary leading up to the confrontation. All of this evidence, along with expert testimony regarding the emotional state of the defendant at the time of the incident, can help substantiate a self-defence claim.
Mistaken identity or a false name is also a problem in assault and gun cases. Whether motivated by a personal grudge, a disagreement that escalated, or by being mistaken for someone else in a fraught situation, defendants can find themselves charged with assault even when they played no part in what went down.
Fighting against these types of claims requires meta-analysis of what evidence is available, including surveillance footage cell phone records, and forensic analysis of the firearm itself. A Battery Charge Attorney is often able to prove through expert testimony or by highlighting contradictions in the accuser’s account that the defendant is either the victim of a false charge or played no part in the altercation.
In some firearm assault cases, the question may not be whether the defendant pointed or fired the gun, but whether they had a legal right to even possess it. If the firearm was owned unlawfully by the defendant, there may also be further charges for illegal possession of a firearm. But having a weapon alone does not necessarily mean one is guilty of assault.
In addition, if the weapon was discharged without any injury or harm, then a Criminal Defence Lawyer for Assault will stress that there was no intent to cause injury. The State must be able to prove (depending on the count, Charged) the Intention to aim the firearm at the victim and shoot the firearm with the intent to do bodily harm. If the accidental discharge of the firearm was not meant to cause harm, the defence could call for downgraded charges, possibly to reckless discharge of a firearm or ask that the case be thrown out entirely.
For charges of assault with a firearm to be upheld, the prosecution must illustrate beyond a reasonable doubt that the defendant was both able and intended to hurt the victim. If the evidence is weak—e.g., the victim has not suffered any injuries or there is no forensic evidence that the firearm was discharged—the Assault Defence Attorney can argue that either there was no real assault or there is not enough evidence to prove the defendant guilty.
Battery & Assault charges that involve firearms are among the most serious criminal offences in the entire state and in a city like Los Angeles, where firearm-related actions are regretted, successfully defending one of these crimes requires particular knowledge of California criminal laws and an experienced legal strategy to defence. We understand how complicated these cases can be so at Alimouri Law, we strive to offer the best defense for your specific situation. Our team is by your side throughout every step, whether you face assault and battery charges, or even more serious charges involving firearms.
At alimourilaw.com we are here to discuss your legal needs & help you navigate every step of the journey. If you or someone you know has been charged with a gun-related assault in LA, don’t gamble with your future. Call Alimouri Law for an all-around consultation and a strategic legal defence. Our attorneys will fight to protect your rights to obtain the outcome you deserve.