Assault & Battery Defense Attorney in Manhattan Beach, CA
California treats assault and battery as separate offenses. Assault (Penal Code § 240) is an unlawful attempt, coupled with present ability, to commit a violent injury on another person — it does not require actual physical contact. Battery (Penal Code § 242) is the actual, willful, and unlawful use of force or violence on another person. Charges can range from a misdemeanor to a felony ("aggravated assault" or assault with a deadly weapon) depending on the circumstances, the alleged injury, and whether a weapon was involved.
Key Points
- Assault does not require physical contact — a credible attempt or threat with present ability to carry it out can be sufficient
- Self-defense and defense of others are recognized legal defenses, but require that the force used was reasonable and proportionate to the perceived threat
- Assault with a deadly weapon (Penal Code § 245) carries significantly more severe exposure than simple assault or battery, including potential felony "strike" consequences under California’s Three Strikes law
- Witness accounts, surveillance footage, and any injury documentation are often central evidence in these cases
Considerations
- Mutual combat situations often involve disputed accounts of who was the initial aggressor — establishing an accurate timeline matters
- A prior strike conviction can significantly increase the sentencing exposure for a new assault or battery charge under California’s Three Strikes law
- Civil liability for the same conduct can exist separately from the criminal case, regardless of the criminal case’s outcome
California & Federal Law Note
California’s Three Strikes law (Penal Code §§ 667, 1170.12) can significantly enhance sentencing for a new felony conviction when the defendant has one or more prior "strike" convictions — certain assault and battery offenses qualify as strikes, making the interaction between a new charge and any prior record an important early question in these cases.
Related Questions
What happens during a free consultation?
We’ll discuss the facts of your situation — what you’ve been charged with or are being investigated for, where the case currently stands, and what evidence exists so far. We’ll explain the realistic range of outcomes and what a defense strategy might look like. Consultations are confidential, and there’s no obligation to retain the firm afterward.
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