Riverside Assault Lawyer

Fighting for Your Freedom When Accusations Threaten Your Future

A criminal charge represents more than a legal hurdle; it is a personal crisis that places your reputation, livelihood, and liberty at risk. When the state levels assault allegations against you, the prosecution begins building its case immediately.

I am Gregory H. Comings. Since founding the Law Offices of Gregory H. Coming in 2003, I have maintained a steadfast commitment to results-oriented criminal defense. With 22 years of experience as a Riverside assault attorney within the local court systems, I reject passive legal strategies. If you require a defense lawyer who delivers transparency and aggressively challenges the prosecution's narrative, I stand ready to advocate for your rights.

The True Legal Definition of Assault in Riverside

California law defines assault differently than most people expect. Assault is an unlawful attempt of a violent crime by using force on another person. You do not need to touch the victim. The prosecutor only needs to prove you had the ability to apply force and the intent to act at that moment.

Types of Assault Cases I Handle

The state classifies these crimes by the severity of the act. Factors such as the weapon used or the victim's occupation can change the charge. Prosecutors review the evidence to pick the specific offense.

Simple Assault

This is the basic charge under Penal Code 240. It is a misdemeanor, and I typically argue for this classification when the incident involved no weapon and the alleged victim suffered no serious injury.

Assault with a Deadly Weapon

When the use of an object is alleged to threaten or harm, the charge escalates. I defend cases involving guns, knives, cars, or even heavy tools, fighting to prevent the District Attorney from filing this as a felony.

Assault Likely to Produce Great Bodily Injury

If the state claims the force used could cause broken bones or severe wounds, the penalties increase. My defense often focuses on the fact that actual injury is not required — only the likelihood of it — allowing me to challenge the prosecution's speculation about what could have happened.

Assault on a Public Official

Any attempt to use force against a police officer, firefighter, or EMT results in aggressive prosecution. I counter this by rigorously defending your rights against the stricter sentences the state seeks in these emotionally charged cases.

Assault with Prior Criminal Convictions

I handle cases involving prior convictions with urgency due to California's "Three Strikes" law. If you have a prior "strike", a new felony conviction can double your sentence. I work to strike prior allegations or negotiate resolutions that avoid these mandatory enhancements.

Felony Assault

I explain that factors such as the use of a weapon or great bodily injury (GBI) elevate a simple case to a felony. A felony conviction risks state prison time and the loss of firearm rights. I contest these aggravating factors to keep the charge a misdemeanor.

Vehicular Assault

Prosecutors often label a car as a deadly weapon. If the state claims you used a vehicle to threaten someone, I scrutinize the facts to show the incident was an accident. I work to prove you lacked the specific intent required for a conviction.

First-Time Assault

For clients with no criminal record, I advocate for alternatives to jail. I present mitigating factors to the judge to secure probation or community service. My goal is to negotiate a diversion program that keeps your record clean.

Facts That Worsen the Case of Assault in Riverside, CA

Prosecutors often seek to increase penalties by adding "enhancements" to the base charge. I rigorously contest these allegations to minimize your exposure to prison time:

• Great bodily injury (GBI): If the alleged victim suffered significant physical injury, the state may add a GBI enhancement, which can add consecutive years to a prison sentence.
• Use of a weapon: Charges under Penal Code § 245(a)(1) involving a firearm or deadly weapon carry significantly harsher sentences than simple assault.
• Gang enhancements: If the prosecution claims the act benefited a criminal street gang. You may face extended sentencing under complex gang statutes.
• "Three strikes" law: Violent felonies often count as a "strike" under California Penal Code Section 667, leading to doubled sentences for future offenses or a life sentence for a third strike.

Potential Defenses Against Assault Charges in California

When facing these serious allegations, it is crucial to understand that an arrest is not a conviction. There are several legal strategies that can be employed to challenge the prosecution's case:

• Self-defense or defense of others: Proving that you reasonably believed you or another person was in imminent danger of suffering bodily injury and used necessary force to prevent it.
• Lack of intent: Demonstrating that the act was accidental or that there was no specific intent to cause harm or fear.
• Inability to inflict injury: Arguing that, despite the appearance of a threat, you did not actually have the present ability to apply force (e.g., the gun was unloaded, or you were too far away).
• False accusation: Gathering evidence to show the allegations are fabricated due to personal vendettas or misunderstandings.

What You Could Face in Terms of Punishment for Assault Charges

The consequences of a conviction extend far beyond court fines. They can redefine your future.

• Misdemeanor assault: Up to 6 months in county jail and fines up to $1,000.
• Felony assault: Aggravating factors, such as using a weapon or causing great bodily injury, can lead to state prison time.
• "Strikes": Violent felonies often count as a "strike" under California's Three Strikes Law, which drastically increases penalties for future offenses.

How a Verdict Hurts Your Future in Riverside

These penalties affect your life long after the court case concludes:

• Professional licensing: A conviction may result in the suspension or revocation of licenses for nurses, real estate agents, contractors, and other professionals.
• Immigration status: For non-citizens, assault charges can trigger deportation proceedings, denial of naturalization, or inadmissibility.
• Firearm rights: A felony conviction, as well as certain misdemeanor convictions, will result in a lifetime ban on owning or possessing firearms.
• Employment opportunities: Many employers automatically disqualify applicants with a record of violent offenses, limiting your ability to earn a living.

I fight to minimize these penalties by challenging the evidence during the Preliminary Hearing and filing Pretrial Motions to suppress illegally obtained evidence.

Questions Your Riverside Assault Lawyer Can Answer

Criminal charges bring doubt and fear. You need facts to make the right choice. The legal system is complex, but the answers below clarify the law.

What If I Acted in Self-Defense?

Self-defense is a valid legal argument if you reasonably believed you were in danger of unlawful injury. I investigate the incident to prove you used only reasonable force to protect yourself.

Can I Be Charged If the Other Person Wasn't Hurt?

Yes. Under Penal Code § 240, assault is the attempt to cause injury. The lack of actual physical harm does not automatically dismiss the charge, but it can be a key factor in your defense strategy.

Will I Go to Jail for a First Offense?

It depends on the severity of the charge (misdemeanor vs. felony). For misdemeanors, probation is often possible. I present mitigating factors to the judge to secure the most favorable sentence possible, such as community service or counseling instead of jail.

Should I Talk to the Police If They Question Me?

No. You have the right to remain silent. Police interrogation is designed to gather evidence against you. Once you contact my office, I step in to communicate directly with law enforcement and prevent unfair use of your statements.