Assault & Battery Lawyers Los Angeles
Aggressive Defense for Violent Crime Charges | Self-Defense, False Accusations, Mutual Combat Defenses
Assault and Battery Charges Can Destroy Your Life – Fight Back With Expert Legal Defense
Being arrested for assault and battery in Los Angeles or anywhere in Southern California is one of the most serious situations you’ll ever face. Whether you’re charged with simple assault, aggravated assault, battery, assault with a deadly weapon, or other violent crimes, you’re looking at potential prison time, permanent felony convictions, strikes on your record under California’s Three Strikes Law, and consequences that follow you forever. Your freedom is at stake. Your career is threatened. Your reputation is destroyed. Your right to own firearms is gone. And the worst part? You may have been defending yourself, falsely accused, or involved in mutual combat where both parties were equally responsible.
Here’s what most people facing assault and battery charges don’t understand: these cases are highly defensible. At LibertyBell Law Group, our assault and battery lawyers in Los Angeles have successfully defended thousands of violent crime cases throughout Southern California. We’ve secured not guilty verdicts, gotten charges dismissed, had evidence suppressed, negotiated reduced charges from felonies to misdemeanors, and proven self-defense claims that resulted in complete acquittals. We know that bar fights, road rage incidents, domestic disputes, and workplace confrontations often involve complex circumstances where the “victim” was actually the aggressor, where our client was defending themselves or others, or where both parties were mutually combative.
🚨 WHY YOU MUST ACT IMMEDIATELY AFTER AN ASSAULT ARREST
Assault and battery cases move quickly, and delays in securing legal representation can be devastating. Here’s what’s at stake:
- Bail Hearings: Assault charges often result in high bail or no bail. Early attorney involvement can get you released OR (own recognizance) or reduce bail significantly.
- Evidence Preservation: Security camera footage from bars, restaurants, parking lots, and businesses is often deleted after 30-90 days. Witness memories fade. Physical evidence disappears. We must act fast to preserve your defense.
- Witness Interviews: We need to interview friendly witnesses immediately before they’re influenced by police or prosecutors. Their accounts can make or break your case.
- Pre-Filing Intervention: In some cases, we can convince prosecutors NOT to file charges at all by presenting evidence of self-defense, mutual combat, or lack of evidence. This only works before the filing deadline.
- Emergency Restraining Orders: Alleged victims often obtain restraining orders that keep you away from your home, workplace, and children. We can fight these orders at the hearing (usually within 21 days).
- Strike Offenses: Many assault charges are “strikes” under California’s Three Strikes Law. If convicted, any future felony conviction results in doubled sentences. A third strike means 25 years to life. Early defense is critical.
- Immigration Consequences: Assault convictions trigger automatic deportation for non-citizens. We must structure defenses to avoid deportable convictions from the start.
Don’t let fear, embarrassment, or confusion stop you from protecting yourself. Call LibertyBell Law Group RIGHT NOW at (855) 529-7761. We’re available 24/7 because we know emergencies don’t wait for business hours.
Understanding California Assault and Battery Laws: What You’re Facing
Many people use “assault” and “battery” interchangeably, but in California law, they’re actually two separate crimes with different elements. Understanding the distinction is crucial to defending your case.
Assault vs. Battery: The Critical Difference
Assault (Penal Code 240)
Assault is an attempted battery. You don’t actually have to touch the person. Assault occurs when you attempt to use force or violence on someone else AND you have the present ability to do so. This means threatening gestures, attempting to hit someone (even if you miss), or creating reasonable fear that you’re about to hurt them. The key element is the attempt and ability, not actual physical contact.
Battery (Penal Code 242)
Battery is the actual use of force or violence. Any willful and unlawful touching of another person in a harmful or offensive manner constitutes battery, even if no injury results. Pushing, shoving, slapping, punching, kicking, or any unwanted physical contact can be charged as battery. The touching doesn’t have to cause pain or injury – it just has to be unwanted and offensive.
💡 Expert Tip #1: You Can Be Charged With Both Assault AND Battery
In most physical altercations, prosecutors charge BOTH assault and battery arising from the same incident. For example, if you swing at someone (assault) and the punch connects (battery), you face two separate charges. This is called “charging in the alternative” and gives prosecutors multiple paths to conviction. However, you can only be convicted of one crime per victim per incident under California’s prohibition against double jeopardy. Our job is to defeat both charges by proving self-defense, lack of intent, false accusation, or other defenses that apply to the entire incident.
The Complete Range of Assault and Battery Charges We Defend
Penal Code 240 – Simple Assault
The Charge: Attempting to use force or violence on another person when you have the present ability to do so.
Classification: Misdemeanor.
Penalties: Up to 6 months in county jail, $1,000 fine, probation, anger management classes, restitution to victim.
Common Examples: Swinging at someone but missing, threatening someone with a raised fist, attempting to spit on someone, throwing something at someone (even if it misses).
Key Defenses: Self-defense, defense of others, no present ability to carry out threat, no intent to harm, false accusation, mutual combat.
Penal Code 242/243(a) – Simple Battery
The Charge: Willful and unlawful use of force or violence on another person.
Classification: Misdemeanor.
Penalties: Up to 6 months in county jail, $2,000 fine, probation, anger management, restitution, community service.
Common Examples: Pushing someone during an argument, slapping, punching, kicking, shoving someone in a bar fight, unwanted touching.
Key Defenses: Self-defense, defense of others, accident (no willful intent), consensual touching, mutual combat, false accusation.
Penal Code 245(a)(1) – Assault with a Deadly Weapon (ADW)
The Charge: Assault committed with a deadly weapon or by means of force likely to produce great bodily injury.
Classification: Felony (can be reduced to misdemeanor in some cases).
Penalties: 2-4 years in state prison (more if great bodily injury caused), $10,000 fine, strike on your record under Three Strikes Law, lifetime firearm prohibition.
Common Examples: Attacking someone with a knife, gun, bat, bottle, vehicle, or any object capable of causing serious injury; kicking someone in the head; severe beating causing or likely to cause great bodily injury.
Important Note: A “deadly weapon” includes obvious weapons (guns, knives) but also ANY object used in a manner capable of producing death or great bodily injury – including bottles, chairs, vehicles, rocks, tools, or even hands/feet if used with extreme force.
Key Defenses: Self-defense, no deadly weapon used, object not capable of causing great bodily injury, no intent to cause injury, false identification.
Penal Code 245(a)(4) – Assault with Force Likely to Produce Great Bodily Injury
The Charge: Assault using force that, by its nature, would directly and probably result in great bodily injury (serious physical harm).
Classification: Felony (wobbler in some circumstances).
Penalties: 2-4 years in state prison, $10,000 fine, strike conviction, restitution.
Common Examples: Repeatedly kicking someone, beating someone causing serious injuries, slamming someone’s head against concrete, pushing someone down stairs.
Key Defenses: Self-defense, injuries not consistent with great bodily injury, accident, mutual combat, exaggerated injuries.
Penal Code 245(a)(2) – Assault with a Firearm
The Charge: Assault committed with a firearm.
Classification: Felony.
Penalties: 2-4 years in state prison (6 years if semi-automatic firearm), strike conviction, lifetime firearm prohibition, enhanced penalties if gang-related.
Common Examples: Pointing a loaded or unloaded gun at someone, pistol-whipping someone, brandishing a firearm in a threatening manner.
Key Defenses: Self-defense, gun not loaded (affects present ability element), no intent to assault, accidental pointing.
Penal Code 243(c)(2) – Battery on Peace Officer
The Charge: Battery committed against a peace officer, firefighter, EMT, or other protected person engaged in their duties.
Classification: Felony or misdemeanor depending on injury.
Penalties – Misdemeanor: Up to 1 year in jail, $2,000 fine (no injury).
Penalties – Felony: 16 months to 3 years in prison if injury caused, substantial fines.
Common Examples: Resisting arrest that results in physical contact with officer, pushing or shoving officer during detention, spitting on officer.
Key Defenses: Officer was not engaged in lawful duties, excessive force by officer (self-defense), you didn’t know person was an officer, accidental contact.
Penal Code 243(d) – Battery with Serious Bodily Injury
The Charge: Battery that causes serious bodily injury to the victim.
Classification: Wobbler (felony or misdemeanor).
Penalties – Misdemeanor: Up to 1 year in jail, fines, restitution.
Penalties – Felony: 2-4 years in state prison, $10,000 fine, restitution, probation.
Common Examples: Punching someone causing broken bones, severe lacerations requiring stitches, concussions, loss of consciousness.
Key Defenses: Self-defense, injuries not “serious bodily injury” under legal definition, mutual combat, accident, exaggerated injury claims.
Penal Code 217.1 – Assault on Public Official
The Charge: Assault or battery on judges, prosecutors, public defenders, elected officials, or their families in retaliation for their duties.
Classification: Felony.
Penalties: 16 months to 4 years in state prison, enhanced penalties if serious injury, restraining orders.
Key Defenses: No retaliation motive, self-defense, misidentification, lack of knowledge person was public official.
Penal Code 244 – Assault with Caustic Chemicals
The Charge: Throwing or placing caustic or flammable substances on another person with intent to injure.
Classification: Felony.
Penalties: 2-4 years in state prison, strike conviction, permanent disfigurement enhancement adds 3-5 years.
Common Examples: Throwing acid, lye, or other caustic chemicals; setting someone on fire.
Key Defenses: Substance not caustic, no intent to injure, self-defense, accident.
Penal Code 417 – Brandishing a Weapon
The Charge: Drawing or exhibiting a deadly weapon in a rude, angry, or threatening manner (not in self-defense) or using it in a fight.
Classification: Misdemeanor (or felony if firearm brandished in presence of peace officer).
Penalties – Misdemeanor: 30 days to 1 year in jail, fines, probation, loss of firearm rights.
Penalties – Felony: 16 months to 3 years in prison.
Common Examples: Pulling out a gun during argument, displaying knife in threatening manner, threatening with baseball bat.
Key Defenses: Self-defense or defense of others, weapon not displayed in threatening manner, false accusation, you had right to display weapon.
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