Assault & Battery

Assault and Battery Defense

An assault and battery charge in Los Angeles is a serious matter that can have harsh consequences for any defendant. Anyone facing assault and battery charges could be facing jail or prison time along with excessive fines, probation, and worst of all, a permanent criminal record. If you have been arrested or charged with assault or batter, you should contact Damian Siwek, an experienced Los Angeles criminal defense attorney, at DCS Defense to schedule a no-cost confidential consultation to discuss your legal options.

Assault and Battery Law in California

Assault and battery are two separate but related crimes that usually occur at the same time and generally are prosecuted together.

Assault is “the unlawful attempt coupled with the present ability to commit a violent injury upon another person.” Threats and attempts to physically injure someone qualify as an assault. You can be convicted of this offense even if there is no injury.

Battery is “unwanted touching or striking of another person, or anything connected to that person.” Battery is a willful violent act which causes physical contact.

Assault and Battery cases range from simple confrontations and bar fights to domestic violence, assault and battery with a deadly weapon. California Assault and Battery can be charged as a misdemeanor or felony depending on the specific facts of each case:

  • Assault: Simple Assault is prosecuted as a misdemeanor under Penal Code §240 and is punishable by up to six months in county jail. Simple assault is an unlawful attempt, coupled with present ability to commit a violent injury upon another person.
  • Assault on a Peace Officer or Other Persons Engaged in Performance of Duties: This crime is prosecuted under Penal Code §241 and is punishable by up to six months in county jail as a misdemeanor. This offense is an unlawful attempt coupled with the present ability to commit a violent injury upon a peace officer, firefighter, animal control officer, emergency medical technician, life guard, or code enforcement officer.
  • Assault with a Deadly Weapon: This crime is prosecuted under Penal Code §245 as a misdemeanor or a felony and is punishable by up to a year in county jail or up to four years in state prison. Assault with a deadly weapon is the crime of assaulting another person with a firearm or a weapon (other than a firearm) of any kind by means of force likely to produce great bodily injury (GBI). A felony conviction for this offense may be considered a ‘Strike” under the California Three Strikes Law. Use of a car as a deadly weapon could mean lifetime revocation of your California Driver’s License.
  • Battery: Simple Battery is willful and unlawful use of force or violence against another person. Simple battery is a misdemeanor and prosecuted under Penal Code §242 punishable by up to 180 days in county jail. Aggravated battery can also be charged as a misdemeanor or felony and prosecuted under Penal Code §243(d). The punishment for aggravated battery is one to four years of imprisonment depending on whether it is a misdemeanor or felony.
  • Sexual Battery: Sexual Battery is the unwanted touching of the intimate body part of another for sexual arousal, gratification or abuse, when the victim is unlawfully restrained, disabled, unconscious, or medically incapacitated. This crime can be a misdemeanor or felony and is prosecuted under Penal Code §243.4 and is punishable by a year in county jail or up to four years in state prison. This crime comes with lifetime sex offender registration.
  • Battery on a Police Officer: This crime is the intentional and unlawful touching, striking, or hitting of a police officer, firefighter, EMT, or Code enforcement Officer. This offense is prosecuted under Penal Code §243(b) and in punishable by up to one year in county jail.
  • Domestic Violence: Corporal injury to a spouse, cohabitant, or the mother or father of his or her child resulting in a traumatic condition. This crime is prosecuted under Penal Code §273.5 and can be charged as a misdemeanor (one year county jail max) or a felony, punishable by up to four years in state prison.
  • Mayhem: This crime is the disabling or disfiguring a victim’s body part such as a disabling a tongue, putting out an eye, biting ear, or slitting nose. Charged as a felony and prosecuted under Penal Code §203 and §205. This crime is punishable by up to eight years in prison and if it is aggravated mayhem it is a life sentence.
  • Torture: This crime is causing cruel or extreme pain or suffering by inflicting great bodily injury for purposes of revenge, extortion, persuasion, or any sadistic purpose. Torture is prosecuted under Penal Code §206 and is punishable by life in prison.

Los Angeles Assault and Battery Lawyer

At DCS Defense we have answers to your questions regarding your criminal charges. We focus exclusively on criminal defense and we know what it takes to win these cases. We will thoroughly investigate and examine all the facts related to your assault and battery case, gather all evidence that supports your defense, and work to ensure that your defense rests on solid facts.

Consult with us before speaking to the police. One of the biggest mistakes made by people accused of a crime is talking to the police before consulting with an attorney. Most people think they can talk their way out of a situation. Once you tell police that an attorney is representing you, law enforcement cannot ethically speak to you regarding your case. This is important because it prevents you from providing incriminating statements and evidence to law enforcement.

For aggressive and effective representation against assault and battery charges, including a free confidential consultation, contact Los Angeles criminal defense attorney Damian Siwek at DCS Defense.