San Diego Assault And Battery Lawyers

In California, if you’re charged with the crimes of assault or battery, you can raise various legal defenses to these charges. Both assault and battery are considered serious offenses under California law, but the legal system recognizes that there can be circumstances that mitigate or negate your culpability. If you are facing such charges, consulting with a San Diego assault lawyer is crucial to understand your defense options.

One of the defenses you may raise is self-defense. California law allows individuals to use force, including deadly force in certain situations, to protect themselves or others from imminent harm. If the defendant can demonstrate that they reasonably believed they were in danger of physical harm and that their use of force was necessary to defend against that danger, they may be able to justify their actions under the self-defense doctrine. An assault lawyer can help you build a strong case if this defense applies to your situation.

Another potential defense is defense of others. Similar to self-defense, this defense asserts that the defendant’s actions were undertaken to protect another person from harm, and the defendant believed their intervention was necessary and reasonable under the circumstances.

Additionally, you could argue that you acted without intent. Assault and battery charges typically require a certain level of intent or purposeful action. If the defendant can show that their actions were accidental or unintentional, it could undermine the prosecution’s case.

Mistaken identity is another possible defense. If you can prove that you were wrongly identified as the perpetrator of the assault or battery, this could cast doubt on your involvement in the alleged crime.

In cases where there is insufficient evidence, you might raise a lack of evidence defense. This involves challenging the prosecutor’s ability to prove the elements of the offense beyond a reasonable doubt.

It’s important to note that each case is unique and the viability of these defenses can depend on the specific facts and circumstances surrounding the incident. Consulting with an experienced San Diego assault attorney is crucial in order to determine the most appropriate defense strategy based on the details of your case and the nuances of California law.

Before your court date, you need your questions answered about your assault and battery charges. Free advice from the internet may not be so helpful, and without a San Diego assault lawyer on your side, it is easy to make a mistake.

Contact one of our assault attorneys to learn more if you need specific legal advice. You can also read more about these charges while waiting for your consultation.

What is first-degree assault or battery? Second-degree? Third-degree?

While some states use the terms “first-degree,” “second-degree,” and “third-degree” to categorize levels of assault, California’s penal code is a little bit different. Generally, “first-degree” signifies the most serious version of a crime. In California, the most severe form of assault, which would be comparable to first-degree assault, would be assault with a deadly weapon. If you’re facing such charges, it’s important to consult a San Diego assault lawyer. Second-degree assault would likely be comparable to California’s “aggravated assault” charge. And, third-degree assault would be closest to simple assault.

Similarly, for battery, there are different levels. Simple battery is considered less severe than aggravated battery, or “battery causing serious bodily injury.”

Can I Face Battery Charges Without Causing Serious Harm?

Yes. Under Penal Code §242, simple battery is defined as willfully touching someone in a harmful or offensive way—even without injury. Examples: shoving, spitting, or grabbing against a person’s will. No bruising or visible injury is needed to trigger charges.

What Qualifies as Simple Assault vs. Aggravated Assault in California?

In California, simple Assault (PC 240) occurs when you threaten or attempt to cause harm, even without making contact—if the act instills reasonable fear. It’s a misdemeanor.

On the other hand, aggravated Assault (PC 245) involves more serious conduct like:

• Use of a deadly weapon,
• Causing or intending to cause serious bodily injury, or
• Targeting protected individuals (e.g. police, public officials).

This offense is a wobbler—it may be charged as a misdemeanor or a felony depending on circumstances.

Can a Misdemeanor Battery Be Elevated to a Felony? Under What Circumstances?

Yes. Battery charges can be upgraded to felony through aggravating factors, including:

• Serious bodily injury to the victim,
• Use of a deadly weapon,
• Victim being a protected class (e.g. first responders, teachers).

These enhancements fall under PC §243(d) and/or §241, and are pursued as felony aggravations.

How Can a Prior Conviction Impact Sentencing if I’m Charged with Assault or Battery Again?

Prior assault or violent convictions can significantly increase penalties:

• Judges are less likely to grant probation or diversion for repeat offenders.
• A previous strike-worthy offense may lead to an enhanced sentence under California’s Three Strikes law.
• Even multiple misdemeanor assault convictions build a negative sentencing profile, reducing plea flexibility and probation eligibility.

Who Handles Assault and Battery Cases in San Diego?

Assault and battery cases in San Diego are handled by several key local agencies that work together to investigate, prosecute, defend, and adjudicate these charges.

• San Diego County District Attorney’s Office: This office prosecutes assault and battery charges throughout San Diego County. Prosecutors evaluate police reports, file formal charges under California Penal Code sections 240 (assault) and 242 (battery), and represent the state in criminal court.
• San Diego Police Department (SDPD): SDPD investigates assault and battery cases that occur within city limits. Officers respond to emergency calls, gather witness statements, secure evidence, and refer cases to the District Attorney for review.
• San Diego County Sheriff’s Office (SDSO): SDSO provides law enforcement services in unincorporated areas and certain cities. Deputies handle assault and battery investigations outside SDPD’s jurisdiction and coordinate with prosecutors for felony and misdemeanor charges.
• San Diego Superior Court – Criminal Division: This court handles all stages of an assault or battery case, including arraignment, trial, and sentencing. Judges apply California law to determine guilt and issue penalties when applicable.
• San Diego County Public Defender’s Office: Individuals who cannot afford a private attorney may be represented by the Public Defender’s Office.

What is the statute of limitations on assault and battery?

The statute of limitations on assault and battery depends on the severity of the type of assault or battery. For example, simple assault has a one-year time limit to be charged. Certain felonies may have a time limit of ten years, while others may be filed at any time, with no deadline to prosecute.

If you are unsure whether the statute of limitations has passed for the criminal charges you are facing, reach out to a San Diego assault lawyer for guidance. Your attorney can help you get the answers you need and help you build a strong defense.

How long can you go to jail for assault and battery in California?

When a police officer carries out a warrant for your arrest, you may be in jail for a short time while awaiting your assault and battery trial. But how long could you spend in jail if you are convicted? Our San Diego assault lawyers can help explain the answer, which depends on the degree of severity. For example, you may face a longer sentence for assault with a deadly weapon instead of a simple assault. The length of time also depends on whether you have previous strikes under California’s three-strikes law. Talk to your assault attorney about the specifics of your case to understand exactly what penalties you may face.

What to Do After Being Arrested for Assault in San Diego?

If you’ve been arrested for assault in San Diego, here are the key steps you should take immediately:

• Stay calm and do not resist — resisting can lead to additional charges.
• Exercise your right to remain silent — avoid giving statements to police without an attorney present.
• Contact a criminal defense attorney as soon as possible — early legal counsel is essential for protecting your rights.
• Preserve evidence and write down your version of events — include witness names, locations, and any relevant details.
• Follow all court instructions — attend your arraignment, comply with bail or protective orders, and avoid new legal trouble.

These steps can improve your chances of securing a favorable legal outcome and may even help reduce or dismiss your charges entirely

Can Assault Charges Be Filed Even if No Physical Contact Occurred?

Yes. Under PC §240, assault includes an intentional act that places someone in reasonable fear of immediate harm—even if no physical contact occurs, such as swinging a fist or brandishing a weapon.

Will an Assault/Battery Conviction Affect Professional Licensing or Immigration Status?

Absolutely. An assault or battery conviction in California can seriously affect both your professional license and immigration status, even if the conviction is only a misdemeanor.

Key impacts include:

• Risk to professional licenses regulations (medical, legal, teaching, etc.),
• Immigration consequences, including potential deportation or inadmissibility for crimes involving assault or weapons,
• Difficulty with employment background checks or gun ownership eligibility.

What Are the Differences Between Domestic Violence and Assault Charges in California?

Domestic violence is a specific type of assault charge that involves a close relationship. While both are criminal offenses, domestic violence applies when the victim is a spouse, partner, cohabitant, or family member, and it carries stricter penalties, including mandatory restraining orders, 52-week batterer programs, and immigration consequences. On the other hand, assault charges can involve any person and typically lack these enhancements.