California Assault Lawyer FAQs

Arrested for assault in Sonoma, Napa, Marin, Lake, Mendocino or Humboldt County? Call us today! Our experienced assault attorneys are ready to assist you with every step of the legal process and work towards a successful outcome in your case.

Q. My friend was accused of assault and battery, went to trial and lost. The lawyer just seemed to sit there and the prosecutor was much more aggressive. If the lawyer's representation was really bad, can my friend get a new trial?

A. A new trial will only be granted when either the trial court or an appeals court decides that your friend received ineffective assistance of counsel from his lawyer. To win this argument, your friend must show that his representation fell short (1) when measure against a reasonably competent lawyer and (2) when the poor performance resulted in prejudice (seriously contributed to his conviction). This prejudice must be so significant that the adversarial process of the trial could not be relied upon for producing a fair result.

When making this decision, the court is reluctant to second guess the tactical decisions made by the trial lawyer. The final question is whether or not the decisions that were made by the lawyer were so bad, considering all of the surrounding circumstances of the trial, that the trial did not produce a fair fight or just result. A trial is an adversarial process by nature and if one side's representation is so poor that it wasn't a fair fight, a new trial can be granted. Your friend should contact an attorney who specializes in criminal appeals to determine whether his right to a competent attorney and a fair trial have been violated to the extent that he is entitled to get a new trial.

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Q. Can a small piece of wood with a sharp end on it qualify as a 'deadly weapon' in an 'assault with a deadly weapon' criminal charge?

A. Probably. Certain items such as firearms, dirks, blackjacks, etc. have been held by the courts to be deadly weapons as a matter of law. Other objects, while not deadly in everyday use, may be used, under certain circumstances, in a manner that is likely to produce death or great bodily injury and, as such, can be considered to be deadly weapons. Factors that are considered to determine whether an object is inherently deadly or dangerous as used include the nature of the object, the manner in which it is used in all of the surrounding circumstances of its use.

In various cases, the courts have considered deadly weapons to include, screwdrivers, knives, ice picks, three pronged forks, bow and arrow, etc.

In a recent southern California case, the Court of Appeals upheld a defendant's conviction for assault with a deadly weapon when his female accomplice, either before or after the robbery, she held the victims sharp pencil up to his neck and warned him not to come back with the police.

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