Assault and Battery in Los Angeles
Whether you need an aggressive defense or skilled legal action to pursue charges, our attorneys are here to guide you every step of the way.
Facing an assault or battery charge—or seeking justice as a victim—can feel overwhelming. California law treats these offenses seriously, and even a misdemeanor can impact your freedom, record, and future.
Strong legal representation for assault and battery cases in California. We protect your rights, build a strategic case, and fight for the best possible outcome.
What Is Assault and Battery Under California Law?
Under California law, assault and battery are two separate crimes, each defined by a specific Penal Code.
Assault (California Penal Code §240)
Assault is an unlawful attempt, combined with the present ability, to commit a violent injury on another person. Physical contact is not required for an assault charge.
Battery (California Penal Code §242)
Battery occurs when a person willfully and unlawfully uses force or violence upon another person. Even minimal or offensive touching can qualify as battery.
Aggravating factors—such as injury, use of a weapon, or protected victims—can significantly increase penalties.
Penalties for Assault and Battery in California
Penalties depend on the circumstances, severity, and criminal history.
Assault Penalties
- Simple assault (PC §240 / §241): Up to 6 months in county jail and/or fines up to $1,000
- Assault with a deadly weapon (PC §245): Felony penalties may include up to 4 years in state prison
Battery Penalties
- Simple battery (PC §242 / §243(a)): Up to 6 months in county jail and fines up to $2,000
- Battery causing serious bodily injury (PC §243(d)): Felony, up to 4 years in prison
- Battery on a protected person (PC §243(b), §243(c)): Enhanced jail or prison sentences
Convictions can also lead to probation, mandatory classes, restraining orders, and a permanent criminal record.
Legal Defenses to Assault and Battery Charges
Every case is unique. Common defenses under California law may include:
- Self-defense or defense of others
- Lack of intent or accidental conduct
- False accusations or exaggeration
- Insufficient evidence or unreliable witnesses
- No present ability to cause harm (for assault under PC §240)
A strong defense can lead to reduced charges, dismissal, or acquittal.
How Our Attorneys Handle Assault and Battery Cases
For Defense Cases:
We analyze police reports, challenge weak evidence, interview witnesses, and assert all applicable defenses to protect your rights and freedom.
For Victims Seeking Legal Action:
We help pursue justice by working with prosecutors, gathering evidence, and ensuring your voice is heard throughout the legal process.
Our attorneys understand California Penal Codes, local courts, and how to strategically approach assault and battery cases from both sides.
Work with expert lawyers
Unlike many law offices that assign client cases to young associates, attorney Ardalon Fakhimi will personally handle all significant aspects of your Underage DUI case from start to finish, including all settlement discussions, negotiations, and the trial. He will personally answer all of your questions and navigate you through every stage of your case. We never use inexperienced associates who are just learning the practice of DUI law and criminal law. Similarly, we are NOT a high volume law office. Rather, we emphasize a very personalized attorney-client relationship where our clients are in continuous contact with their DUI and criminal lawyer; not their lawyer’s assistant. Finally, we are a detail-oriented law office that meticulously strategizes every case. That means no stone remains unturned during the course of our representation and through the final disposition of your case.
We serve clients from Sherman Oaks, Van Nuys, Torrance, for Domestic Violence, Petty Thefts, DUI Under-21 Cases.