An assault charge can upend your life overnight. Maybe an argument escalated. Maybe you defended yourself and the police arrested the wrong person. Maybe you were simply in the wrong place at the wrong time. Now you are facing criminal charges that could result in jail time, fines, a permanent criminal record, and consequences that follow you for years—affecting your job, your housing, and your reputation.
At The Law Office of Elliott Kanter APC, founding attorney Elliott Kanter has spent over 45 years defending clients against criminal charges in California courts. He has secured dismissals, acquittals, and reduced charges for clients facing serious allegations, including a not guilty verdict in an assault case involving great bodily injury allegations and two prior strike allegations. We understand what is at stake when you are accused of assault, and we fight aggressively to protect your rights and your future.
If you are facing assault charges and need a San Diego, CA criminal defense lawyer, our firm offers free consultations and will fight to achieve the best possible outcome in your case.
Why Choose The Law Office Of Elliott Kanter APC For Assault Defense In San Diego, CA?
Over Four Decades of Criminal Defense Experience
Elliott Kanter has practiced criminal defense in California since 1980. He is admitted to the California State Bar, the United States Supreme Court, and federal courts across the country. Assault charges require an attorney who understands how prosecutors build cases—and how to dismantle them. Elliott Kanter has tried cases ranging from simple assault to assault with a deadly weapon and assault causing great bodily injury. He knows which defenses work and how to present them effectively to judges and juries.
Proven Results in Assault Cases
Elliott Kanter has secured not guilty verdicts, dismissals, and reduced charges for clients facing serious criminal allegations. In one assault case involving allegations of great bodily injury and two prior strike allegations, he won a not guilty verdict after trial. That kind of result requires thorough preparation, aggressive cross-examination, and a willingness to take cases to trial when the prosecution will not offer a fair resolution.
Your Attorney Handles Your Case Personally
Some firms assign criminal cases to inexperienced associates. Not here. Elliott Kanter handles every case personally from the initial consultation through resolution. When your freedom is on the line, you deserve an attorney who knows your case inside and out—not someone reading your file for the first time in the hallway outside the courtroom.
Aggressive Defense From Day One
The prosecution starts building their case the moment you are arrested. Your defense should start just as quickly. We investigate the allegations, interview witnesses, challenge evidence, and develop defense strategies immediately—not weeks or months into your case.
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“Elliott is a phenomenal lawyer and I would recommend him to anyone. Elliott won my case against all odds, against the UNITED STATES OF AMERICA. He absolutely saved my life from a horrible fate and I am extremely grateful. Elliott knows exactly what he’s doing and will be honest and realistic with you from the very beginning. He doesn’t sugar coat things, and yet still leads with compassion and is exceptionally professional and responsive. I am still on awe that I am not currently in prison. Elliott managed the impossible.” — Gabrielle Cooke
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Types Of Assault Cases We Handle In San Diego
California law distinguishes between different types of assault based on the circumstances, the alleged victim, and whether weapons or serious injuries were involved. Each charge carries different penalties and requires a different defense approach. We handle cases involving:
- Simple assault. Under California Penal Code Section 240, simple assault is an unlawful attempt to commit a violent injury on another person. This misdemeanor carries up to six months in county jail and fines up to $1,000.
- Assault with a deadly weapon. Penal Code Section 245(a)(1) covers assault committed with a deadly weapon or by means likely to produce great bodily injury. This “wobbler” can be charged as a misdemeanor or felony, with felony convictions carrying up to four years in state prison.
- Assault causing great bodily injury. When an assault results in serious physical injury, enhanced penalties apply under Penal Code Section 12022.7. A great bodily injury enhancement can add three to six years to a prison sentence.
- Domestic violence assault. Assault against a spouse, cohabitant, or dating partner triggers additional charges and consequences, including restraining orders and firearm restrictions.
- Assault on a peace officer. Assaulting a police officer, firefighter, or other protected public servant carries enhanced penalties and is aggressively prosecuted.
- Assault with caustic chemicals. Penal Code Section 244 makes it a felony to throw or place caustic chemicals on another person with intent to injure, carrying two to four years in state prison.
California Legal Requirements For Assault Charges
Understanding how California defines assault—and what prosecutors must prove—is essential to building an effective defense.
Under California Penal Code Section 240, assault is defined as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. This definition has important implications. First, assault does not require actual contact—an attempted punch that misses can still be assault. Second, the prosecution must prove “present ability,” meaning you actually could have completed the act.
Self-defense is a complete defense to assault charges under California law. CALCRIM 3470 establishes that you may use reasonable force to defend yourself or others if you reasonably believed you or someone else was in imminent danger of suffering bodily injury. The force used must be no more than necessary to defend against the danger. A San Diego assault defense attorney can evaluate whether self-defense applies to your situation and present this defense effectively.
Defense of others and defense of property may also apply depending on circumstances. Penal Code Section 197 establishes when the use of force—even deadly force—is legally justified. Understanding your rights under California law is critical, and a criminal defense attorney can explain how these defenses apply to your specific situation.
Consent can be a defense in limited circumstances, such as mutual combat situations where both parties agreed to fight. Accident—meaning you did not intend to commit a violent act—may also defeat assault charges if the prosecution cannot prove the required intent.
The statute of limitations for misdemeanor assault is one year under Penal Code Section 802. Felony assault charges generally must be filed within three years under Penal Code Section 801.
What Are The Penalties For Assault In San Diego?
Assault penalties vary dramatically depending on the specific charge, the alleged victim, and your criminal history. Understanding potential consequences helps you make informed decisions about your defense.
Misdemeanor Simple Assault
A conviction for simple assault under Penal Code Section 240 carries up to six months in county jail, fines up to $1,000, and informal probation. While these penalties may seem relatively minor, a conviction creates a permanent criminal record that can affect employment, housing, and professional licensing. Some defendants may qualify for diversion programs that allow charges to be dismissed upon completion.
Felony Assault with a Deadly Weapon
Assault with a deadly weapon under Penal Code Section 245 can be charged as a misdemeanor or felony. Felony convictions carry two, three, or four years in state prison, fines up to $10,000, and formal probation. If the victim suffered great bodily injury, an additional three to six years may be added under the great bodily injury enhancement. Depending on your circumstances, alternative sentencing may be available.
Strike Offense Consequences
Certain assault convictions—including assault with a deadly weapon causing great bodily injury—qualify as “strikes” under California’s Three Strikes Law. A strike on your record doubles the sentence for any future felony conviction. A third strike can result in 25 years to life in prison. This makes aggressive defense critical even for first-time offenders.
Collateral Consequences
Beyond direct penalties, assault convictions create lasting collateral consequences. You may lose firearm rights, face immigration consequences if you are not a citizen, lose professional licenses, and struggle to find employment or housing. In some cases, expungement may be possible after completing your sentence, but avoiding conviction in the first place is always preferable. A California assault charge lawyer can help you understand the full scope of consequences you face and fight to avoid them.
Contact The Law Office Of Elliott Kanter APC
Assault charges threaten your freedom, your record, and your future. The prosecution has already started building their case against you. You need a defense attorney who will fight back just as aggressively—investigating the facts, challenging the evidence, and pursuing every viable defense strategy.
Our firm provides free consultations for criminal defense matters. Elliott Kanter will review your case personally, explain your options honestly, and answer your questions directly. Contact us today to schedule your consultation.
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