How Do Prior Convictions Impact Assault Penalties in CA?

Those who are facing an assault charge in California are facing some tough consequences. However, if they have previous convictions, things could be even more serious than they think.

Assault charges on their own are serious, but when prior felony convictions, sex offenses, domestic violence offenses, or even stays in the county jail are in the person's past, the penalties can be greater, including longer prison sentences or mandatory sentencing enhancements.

Those facing assault charges who already have a history of criminal behavior need the best legal representation. Goss Law can help guide them through the legal process and possibly avoid a lengthy prison sentence or severe penalties. They can also advise on penalty for assault on a public servant in CA.

Understanding Assault and Battery in California

Before getting into how past criminal behavior can affect current criminal cases, it's important to understand how the state defines assault and battery.

Assault (California Penal Code § 240)

The act of assault is defined as an attempt to commit bodily injury on another person. Even if there is no physical contact, assault charges are still possible. Assault can be either a felony or misdemeanor.

Battery (California Penal Code § 242)

Battery is the actual use of force or violence on another person. Even small acts of physical contact can be considered battery if it's harmful or offensive.

Many times, assault and battery are charged together, but they are treated as separate crimes with different legal consequences.

Types of Assault Charges in California

There are different types of assault charges in California, and though they are all serious offenses, the penalties vary.

• Simple assault -- This is a misdemeanor charge that comes with up to six months in jail and a fine of up to $1000.

• Assault with a deadly weapon -- This can be charged as a misdemeanor of felony, and it comes with more severe penalties than simple assault.

• Assault on a public official -- This is a type of assault that has harsher penalties because of who the victims are. Generally, they are public servants like police officers, EMTs, or government officials.

• Aggravated assault -- This criminal offense involves great bodily injury and comes with serious felony consequences

Though an assault can be a misdemeanor, having a prior conviction can turn the charge into a felony, even if it is minor. In other words, if someone has a criminal history, its more likely that they will get harsher penalties for subsequent offenses.

How Prior Convictions Impact Assault Penalties in CA

What happens to a person who was previously convicted of a crime or crimes and now they have a new assault charge? There are many things that can happen?

Sentence Enhancements

California law allows for enhanced penalties for persons convicted previously. For example, if a person has a previous conviction of assault with a deadly weapon, and then they get a new charge for assault, even if it's minor, they could get an enhanced sentence which could include prison sentences.

It's also important to note that prior convictions for certain crimes, like other assault cases, domestic violence convictions, or if the accused person is a sex offender, then the criminal charges will likely come with jail time and higher fines.

Felony Filing

Many assault charges can be charged as misdemeanors or felonies. However, if a person has a history of being in the legal system or have a criminal record, especially for violent crimes, prosecutors are likely going to charge them with a felony. This might lead to more jail or prison time, substantial fines, and a permanent felony record.

California’s “Three Strikes” Law

California’s “Three Strikes” sentencing law (Penal Code § 667) significantly increases penalties for repeat offenders with serious or violent felony convictions.

If a person has a minor crime, like petty theft, this isn't a concern, but if they have felony charges, and they have one prior strike, the sentence they receive can be doubled.

If a person has two prior strikes, and they get a third felony conviction, even for assault, this can lead to mandatory minimum sentences ranging from 25 years to life.

Impact on Plea Bargaining

A prior criminal record can limit the options for plea deals. Prosecutors may be less willing to reduce charges or recommend diversion programs if they believe the accused is a repeat offender or a threat to public safety.

This can make a legal defense more complex and the stakes higher. Prior offenses will count more, and even relatively minor infractions can lead to time in state prison. For more information, a criminal defense law firm in Sacramento may be able to help.

Other Consequences of Repeat Offenses

1. Loss of Gun Rights

A felony assault conviction, or even a second misdemeanor conviction, can result in the loss of a person's right to own or possess firearms.

2. Immigration Consequences

Non-citizens with prior convictions face increased risk of deportation or denial of green cards, visas, or naturalization,

3. Professional and Employment Impact

Multiple assault convictions can make it extremely difficult to secure employment, professional licenses, or even housing.

Legal Defenses: Fighting Back Against an Enhanced Assault Charge

Even if a person has prior convictions, they are still considered innocent until proven guilty. A skilled criminal defense attorney will use every legal tool available, from plea negotiations to creating reasonable doubt to challenge the charges. They can also go over false accusations of assault in CA.

Common Defenses Include:

• Self-defense or defense of others

• Lack of intent to harm

• False accusation

• Lack of credible evidence

• Violation of rights during arrest or investigation

In cases where guilt is obvious, an attorney may focus on mitigation, such as presenting evidence of rehabilitation, remorse, or hardship, in an effort to reduce the severity of the penalties.

Why It's Important to have a Criminal Defense Lawyer

When facing assault charges—especially with prior convictions—a person needs to have the strongest legal advocate from day one. Here’s how a seasoned criminal defense attorney can help:

• Analyze prior convictions to determine whether they qualify for enhancements

• Challenge the legality of past convictions if they were unfairly obtained

• Negotiate with the DA to reduce or dismiss charges

• Build a compelling defense strategy

• Fight enhancements under the Three Strikes law

• Protect the rights of their client and ensure due process at every stage

In some cases, a lawyer may also help with post-conviction relief, such as expungements or reductions under Penal Code § 17(b) to minimize the impact.

Goss Law is here to help those who are facing alleged assault charges, including those who have prior convictions. Those in this situation should reach out quickly for a consultation.