False Accusations of Assault in CA

How a Criminal Defense Attorney Can Help

In California, being accused of a crime is confusing, frightening, and life-altering, especially when the accusations are false.

It doesn't matter if the false allegations stem from a misunderstanding, an argument, or someone is intentionally making false accusations, these charges can have terrible consequences.

If anyone is charged with a crime, even if the allegations are false, they should reach out to a criminal defense attorney. These legal professionals understand that false allegations happen all the time and know how to deal with them. Even if the prosecutor comes at the accused with the most severe charges, a strong defense strategy can be the difference between getting charges dropped and having to go to prison based on false reports.

Don't delay, and instead, contact Goss Law for help and legal representation. They can advise on how do prior convictions impact assault penalties in CA.

What is Assault Under California Law?

To understand how to fight against a false allegation of assault, it's important to know how the state defines the crime.

California Penal Code § 240 defines assault as:

“An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

In other words, a person doesn't have to harm someone or even touch them to be charged with assault. Instead, it only takes the accusation of a willful act that was meant to result in force or violence with the present ability to perform the act.

In these cases, the importance of convincing a jury that the allegations are false cannot be understated enough. Since assault is a crime that doesn't require physical contact, even an alleged victim claiming they were threatened, when they weren't, can bring charges of assault against someone.

Common Reasons for False Accusations of Assault in CA

There are a number of reasons a person might falsely accuse another. Retaliation is a common reason for doing it, as the individual might want to settle a personal grievance or seek vengeance against someone else. Here are some of the most common reasons:

Personal Vendettas or Revenge

A former partner claiming sexual assault or sexual violence, a disgruntled employee claiming threats were made, or even a neighbor saying a defendant threw something at them during an argument --- all of these are very common false allegations.

Domestic Disputes

In the heat of the moment during a domestic dispute, one party may make a false claim of assault. When police come to the scene, they usually arrest someone even if there is no physical evidence of an assault.

Misunderstandings or Misinterpretation

A gesture or tone of voice may be perceived as threatening, even if no harm was intended. This often happens in crowded or chaotic situations, where things are confusing. The nature of misunderstandings in false accusations are often subtle and complex. Because of this, it's important to ask specific questions to clarify any misunderstandings.

Influence of Drugs or Alcohol

A person under the influence of alcohol or drugs might believe they were assaulted when they really weren't. These claims may later be disproven by witness testimony or video evidence. It's also important to note that if the accuser was under the influence, it can affect the accuser's credibility.

Mental Health Issues

In some cases, mental health problems can cause accusers to believe they’ve been assaulted when they haven’t—or they create events in their mind and believe that it really happened.

Examples of False Assault Accusations

To really see how easy it is for someone to falsely accuse someone else of assault, it can be helpful to look at real-world examples:

Example 1: Disputed Bar Fight

Two men are in a bar, and they begin to argue. Man A stormed off in a huff, but didn't touch nor threaten Man B. Since he was angry, Man B made a claim that Man A pushed him and threatened him. There were no witness statements, but with assault, there doesn't have to be a witness nor physical contact. Man A can be arrested simply because Man B made a false claim.

Example 2: Child Custody Battle

A woman and her estranged husband are going through a heated custody battle. The woman wants full custody of the children, so she comes up with a story and accuses her soon-to-be ex husband of domestic violence. She went so far that she filed a false police report. The man is soon arrested based on those allegations.

It is easy to see how easy it is for law enforcement to believe an accuser's claims and then arrest someone who has been accused of a crime, even if they were wrongly accused. This is why it's so important to have an experienced attorney as soon as these charges are filed. They can also assist with explaining how intoxication affects assault charges in CA.

What Happens After an Assault Accusation in California?

Even if a person is falsely accused, California law enforcement officers are required to take allegations seriously. Once a report is made, even if the person accused of a crime didn't do it, the following could happen:

• Immediate arrest

• Restraining orders

• Criminal charges

• Booked and held in jail

• No-contact order prohibiting contact with the alleged victim

Once the legal process begins, it's up to the defendant to prove that the allegations are false, and a defense attorney has to create reasonable doubt.

The Legal Consequences of False Allegations Leading to an Assault Conviction

If a person is wrongfully convicted, the penalties can include:

• Misdemeanor Assault (PC § 240):

  • Up to six months in county jail

  • Fines up to $1,000

  • Probation, community service, or anger management

• Aggravated Assault or Assault with a Deadly Weapon (PC § 245):

  • Charged as a misdemeanor or felony

  • Up to 4 years in state prison

  • Fines up to $10,000

  • Possible “strike” under California’s Three Strikes Law

• Impact on Personal Life:

  • Loss of employment

  • Lost wages

  • Revocation of professional licenses

  • Offender list (in the case of a sex crime conviction)

  • Immigration consequences (deportation or denial of naturalization)

  • Strained family relationships

  • Public humiliation

Even if a person is never convicted, the arrest and accusation alone can tarnish their reputation. That’s why a top criminal defense lawyer in Sacramento is needed to aggressively defend the accused.

Defending Against False Assault Accusations in CA

Here are some of the most common and most effective legal defenses used by California criminal defense attorneys when handling false assault allegations:

Self-Defense

If a person acted in a way where they felt as if they were in danger, and they used reasonable force, this could be a valid defense, even if the other person claims they were the aggressor in the alleged incident.

Lack of Intent

Assault requires intentional action and a defense attorney can prove that the event was accidental or misinterpreted.

No Present Ability to Harm

Even if words were exchanged, California law requires that the accused had the actual ability to inflict harm. If there was no imminent threat, there may be no assault.

Alibi or Contradictory Evidence

A lawyer may present video footage, eyewitness testimony, or digital records to gain leverage and show the accused wasn't present or that the accuser's evidence is contradictory.

Inconsistencies in the Accuser’s Story

If the accuser changes their story or contradicts themselves, an attorney can use this to challenge their credibility and weaken the prosecution’s case.

The Role of a Criminal Defense Lawyer

Those facing false accusations of assault in CA need to hire an experienced criminal defense lawyer. A skilled attorney can:

• Review the police report and any available evidence

• Interview witnesses and gather supporting information

• Negotiate with prosecutors to get the charges dropped

• Represent the accused in court and at hearings

• File motions to suppress unreliable or prejudicial evidence

• Push for case dismissal or acquittal at trial

In some cases, a lawyer may be able to convince the district attorney not to file charges at all, especially if the accused acts quickly after the accusation is made.

Suing the Accuser for a False Accusation

It is possible under California law to pursue a civil lawsuit for defamation or malicious prosecution if a person is falsely accused. This requires proving that:

• The accuser knew the claim was false

• The false statement harmed the accused's reputation

• The accused suffered actual damages (financial, emotional distress, etc.)

However, these lawsuits can be difficult to win and are typically pursued after a criminal case is resolved.

Hire a Criminal Defense Attorney as Quickly As Possible

False accusations of assault in CA are serious. Whether the claim is based on misunderstanding or malicious intent, the consequences can change a person's life

Attorneys offer the following advice for those falsely accused of a crime:

1. Do not confront the accuser—anything said could be used in court

2. Avoid social media posts about the incident.

3. Gather evidence such as texts, emails, photos, and witness names.

4. Contact a criminal defense attorney immediately.

   
   

Goss Law is Ready to Help the Falsely Accused

Goss Law has helped many clients who were falsely accused of crimes they didn’t commit. By using defense strategies like showing surveillance footage, entering forensic evidence, and submitting text messages to the court or DA, the team can help the accused get the upper hand and ensure that their legal rights are protected.