Trusted Advocates for Assault and Battery Charges in California
If you’ve been arrested or are under investigation for assault or battery in California, you need skilled legal representation — immediately. These serious charges can carry life-altering consequences, even for first-time offenders. Our experienced California assault and battery defense attorneys are ready to fight for your rights and deliver the strongest possible defense strategy tailored to your specific situation.
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In California law, assault and battery are distinct criminal offenses, though they’re often confused:
Assault (Penal Code 240): An unlawful attempt, coupled with present ability, to commit a violent injury on another person.
Battery (Penal Code 242): The actual willful and unlawful use of force or violence against another person.
It’s important to understand that you can be charged with assault even if no physical contact occurred — simply attempting to harm someone or acting in a threatening manner may be sufficient for charges.
Don’t let one accusation define your future. Our experienced assault and battery defense team is ready to provide clarity, support, and aggressive legal representation when you need it most.
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A misdemeanor offense involving an attempted attack without actual contact. Penalties include up to 6 months in county jail and fines up to $1,000.
Involves actual physical contact, even if minimal. Penalties include up to 6 months in jail and fines up to $2,000.
These felony-level charges apply when weapons are involved or serious bodily injury occurs. Penalties are substantially more severe, including state prison sentences of up to 4 years or more.
Enhanced penalties apply when the alleged victim belongs to certain protected categories, including:
Law enforcement officers
Healthcare providers
Emergency responders
Domestic partners or family members
This offense is charged under separate penal codes and involves non-consensual touching of intimate parts. These charges often carry sex offender registration requirements upon conviction.
The potential jail time for battery charges in California varies based on the specific circumstances:
Simple battery (misdemeanor): Up to 6 months in county jail
Battery causing injury (misdemeanor with enhancement): Up to 1 year in county jail
Aggravated battery (felony): Up to 4 years in state prison
A battery charge becomes a felony in California when any of these factors are present:
The incident resulted in serious bodily harm
A weapon was used during the offense
The victim belongs to certain protected categories (police officers, healthcare workers, etc.)
The defendant has a prior criminal history of violence
Yes, battery charges can be dropped, but this decision typically rests with the prosecutor—not the victim. Your assault and battery lawyer can work strategically to:
Demonstrate insufficient evidence
Identify procedural errors
Advocate for pretrial diversion programs
Negotiate for reduced charges based on mitigating circumstances
Absolutely—especially with the right legal defense strategy. Our vetted team of California assault and battery attorneys regularly secure dismissals when:
The alleged victim recants their statement
There’s insufficient evidence or witness testimony to support the charges
It can be demonstrated that you acted in self-defense or defense of others
Law enforcement violated your constitutional rights during arrest or investigation
Alternative resolution options like diversion programs are appropriate
Yes. If you’ve successfully completed probation and met all court-ordered requirements, you may be eligible to expunge your record under California Penal Code 1203.4. An expungement means your conviction won’t appear in most standard background checks, significantly improving your future employment and housing prospects.
Our trusted assault and battery lawyers can guide you through the expungement process once your case is resolved.
With over 10,000 attorneys in California, Tito para Ti connects you directly to the top few who actually go to trial.
Our skilled trial attorneys are well-versed in handling a full spectrum of matters.
No. Contrary to common belief, physical injury is not required to establish battery in California. Even minor or offensive touching can lead to battery charges. However, the absence of visible injury can strengthen your defense strategy and potentially lead to reduced charges or dismissal.
For alleged victims, this remains a personal decision influenced by many factors. For those accused, the stakes are incredibly high regardless of the circumstances. Whether you’re considering pressing charges or defending against them, it’s essential to work with an attorney who understands how to effectively challenge the prosecution’s narrative and protect your interests.
