Legal Question in Criminal Law in California

Re: Intent with assault charges

Yes, intent is one of the things the prosecution has to prove. But it is hard to imagine how you could unintentionally hit her with such force that she needed five staples in her head. It sounds intentional to me and likely will to a jury -- and that is even without considering your prior case.

You need a good criminal defense lawyer immediately. If you can't afford an attorney and have been charged, the court will appoint one for you.

By the way, your statement "I maintain that I did not intentionally try to injure her" translates into regular English as "I did this intentionally and am now denying it." Be open and frank with your lawyer, but be very careful what you say to others. Better yet, don't discuss this subject at all with anyone but an attorney.

Re: Intent with assault charges

if you are being charged with assault, unlike battery, specific intent is an essential element the state is going to have to prove in its case against you. from the facts given thus far, specific intent appears to be lacking and you have a VERY good chance of defeating the assault charge, even if you do have a prior DV conviction against you. such a prior conviction may also be inadmissible against you under the circumstances. however, you definitely should consult with an attorney as soon as possible to discuss the specifics of your case and place yourself in the best position possible to prevail in your pending case. if you would like a free phone consultation, email us today with your contact information.

Re: Intent with assault charges

Thank you for your posting and inquiry. Yes, intent has to be present to prove the case. But as Mr. Hoffman stated, intent can be inferred, and your case has some unattractive facts about it. However, the statute does state "willful" injury, and "intent to injure" as part of the elements of the crime, and if you have witnesses or other evidence that point to this being an accident, and not "intentional", then you certainly have a chance of beating it.

One thing we all agree on - you should speak to a lawyer right away. This is too potentially harmful to you to not take seriously and have a professional represent you.

If you have other questions, please feel free to email me at [email protected] any time.