Lawyer for San Bernardino and Riverside Residents Accused of Violent Crimes
If you have been arrested and charged with the crime of assault, there are several things that you need to know. First, assault is a crime that can, depending upon the circumstances, be charged as either a felony or a misdemeanor. While the jail time for a felony is longer, even a misdemeanor conviction for assault can result in incarceration, a fine, and, perhaps most damaging in the long run, a criminal record. Thus, it is important to take even a misdemeanor charge very seriously and talk to an attorney about ways that you might be able to defend yourself. Depending upon the circumstances, you be able to seek a reduction of the charges against you, or possibly even a dismissal of the case. San Bernardino and Riverside assault defense lawyer Gregory H. Comings handles both felony and misdemeanor assault cases, as well as other types of criminal cases.
The term “assault” can be confusing. This is partly because many people think of it synonymously with the word “battery.” However, under California law, an assault and a battery are two different things. An assault is, at its core, an unlawful attempt to cause a violent injury to another person. A battery, by contrast, occurs when actual force or violence is used; for a battery conviction, there must have been willful conduct by the defendant. The terms “assault” and “battery” are also used in civil cases in which one party seeks monetary compensation from another due to injuries or harm suffered during an alleged altercation between the parties. Financial restitution may also be ordered in a criminal case, but this is a separate issue from money damages awarded in civil court.
Protect Your Case
contact us nowHeidi Solorio
Greg is one of the best every penny is worth it with him he is more than knowledgeable about charges and what he does. Mr. Comings does not take for an answer and will fight for your case and best outcome. He provides clear communication with you and what’s going on to reassure you for the best outcome and will provide that. My husbands bail was reduced because of Mr.Comings due to law enforcement placing false charges on his arrest .Furthermore hiring Mr.Comings was one of the best things I could have done for my family. Thank you so much! I highly recommend him!
Ceci Cortez
Greg represented me back in 2016-2019, and since day 1 he was fully committed to helping me. I TRULLY appreciate him. I’m finally now free and am very thankful for him every day.
Haroon Azizy
I am really grateful that I hired Greg as my lawyer for an unfortunate situation that unexpectedly occurred in my life, I needed help and Greg did an amazing job on my case! He was super helpful and always there to answer my questions. He really knew what he was doing, and thanks to him, i won! My case was dismissed! I highly recommend Greg Comings to anyone who needs a lawyer. Thank you Greg, I couldn’t have asked for a better lawyer.
Sex Offense
CASE OPENED:2014
CASE CLOSED:2017
Riverside Superior Court, Client charged with a violation of Penal Code section 261(a)(2) Rape by force/fear of bodily injury as well as Penal Code 264.1 Rape in concert with another person. Facing multiple years in prison as well as registration as a sex offender if convicted. After setting the case ready for trial worked out a deal for PC 245(a)(1), a grant of probation, no registration, credit for time served and client went home that night.
California Assault Laws – What the State Has to Prove
One of the most important things to understand about any criminal case, misdemeanor assault or otherwise, is that the State of California has the burden of proving guilt beyond a reasonable doubt. This is true in both felony cases and in misdemeanor cases. Proof “beyond a reasonable doubt” does not mean that there can be no doubt whatsoever in the minds of the jurors (that would likely be impossible in most cases) but only that there be enough legally admissible evidence favoring a finding of guilt that a reasonable person would be satisfied that the defendant is guilty. In order to meet its burden of proof, the State must offer not only convincing proof but also proof which is legally admissible in a court of law. If some of the evidence that the State intends to use against the defendant was obtained in a way that was arguably illegal under the Constitution or some other law, the defendant may be able to have this evidence omitted at trial through a motion to exclude.
The defendant in a misdemeanor assault case may also have a defense such as self-defense, defense of another, or defense of his or her home or personal property. It is important that a person accused of a crime like assault discuss his or her case with an attorney as soon as possible so that potential defenses and other possible legal options may be explored. While we are always honest with a client if we believe a conviction is likely if a case goes to trial, there may still be the possibility of a favorable plea bargain, or in some types of cases, a diversion that could limit the impact that the criminal charge has on the defendant’s future.
Protect Your Case
contact us nowAssault Defense Attorney Serving Riverside and San Bernardino
A criminal conviction of any kind can have far-reaching consequences – challenges finding future employment, housing, and/or educational opportunities, just to name a few. Lawyer Gregory H. Comings has over a decade of experience defending those accused of assault and battery, sex offenses, driving under the influence, drug offenses, and domestic violence in and around Riverside and San Bernardino Counties. For an appointment to learn more about how we can help in your particular situation, call us or contact us online to set up an appointment.
LEGALLY REVIEWED BY
Gregory H. Comings
Attorney at Law
When I first decided I wanted a legal career, I knew that it would be in defending people accused of crimes. Growing up I witnessed so many injustices. People that were wrongly accused and people that although they had broken the law, the punishment they were facing seemed so severe in accordance to the crime. Defending the accused was where my talent would be. I knew this in my heart and soul.
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Gregory H. Comings
Attorney at Law
Mr. Comings represented my son. My son was facing 25 to life. Mr. Comings worked very hard on his case. He had a great rapport with the DA. He was able to get my sons case lowered to a few years. I was amazed at the dedication and professionalism he showed. I will never be able to thank him for all that he did!!! Great attorney!
JOHN SMITH
OCTOBER 29, 2024