Assault & Battery

In California, assault and battery are two distinct crimes that are often charged together, though they have different legal definitions. Assault (Penal Code 240) is an unlawful attempt to commit a violent injury on someone else, coupled with the present ability to do so. You don’t have to actually make contact—the threat or attempt is enough. Battery (Penal Code 242) is the willful and unlawful use of force or violence on another person. Unlike assault, battery requires actual physical contact, even if that contact doesn’t result in injury.

These charges are prosecuted aggressively throughout San Luis Obispo, Santa Maria, and Lompoc because district attorneys view them as crimes of violence that threaten public safety. Prosecutors often pursue harsh penalties even in cases involving minor altercations, mutual combat, or situations where self-defense was clearly justified. The political pressure to appear “tough on crime” means even first-time offenders can face jail time, substantial fines, and a permanent violent crime conviction on their record.

Common circumstances leading to assault and battery charges include bar fights, domestic disputes, road rage incidents, self-defense situations that escalate, mutual combat where both parties are fighting, and false allegations made during contentious divorces or custody battles. We’ve seen cases where someone was defending themselves and still got arrested, or where exaggerated claims turned a minor push into felony charges. The reality is that these cases are rarely black and white—context matters, and the prosecution won’t always tell the full story.

Types of Assault & Battery Charges We Defend

Common assault and battery offenses include:

• Simple Assault (PC 240) – An unlawful attempt to commit a violent injury on another person, punishable by up to 6 months in jail.
• Simple Battery (PC 242) – Willful and unlawful use of force or violence against another person, typically charged as a misdemeanor.
• Assault with a Deadly Weapon (PC 245(a)(1)) – Assault committed with any object capable of causing great bodily injury or death, including firearms, knives, bottles, or even vehicles.
• Aggravated Battery (PC 243(d)) – Battery that results in serious bodily injury, making this a “wobbler” that can be charged as either a misdemeanor or felony.
• Battery Causing Serious Bodily Injury – When a battery results in significant or substantial physical injury requiring medical treatment.
• Assault on a Peace Officer (PC 241(c)) – Assault committed against a police officer, firefighter, EMT, or other protected public servant, carrying enhanced penalties.
• Battery on a Peace Officer (PC 243(b)(c)) – Physical contact with a law enforcement officer during the performance of their duties, even without injury.
• Assault with Force Likely to Produce Great Bodily Injury (PC 245(a)(4)) – Using force in a manner likely to cause serious harm, even without a weapon.
• Elder Abuse (PC 368) – Assault or battery committed against a person 65 years or older, prosecuted with enhanced penalties.
• Domestic Battery (PC 243(e)(1)) – Battery committed against a current or former intimate partner, often charged alongside domestic violence enhancements.

Penalties for Assault & Battery Convictions

Assault and battery convictions can result in:

• Jail or prison time – Simple assault/battery can mean up to 6 months in county jail; felony assault with a deadly weapon carries 2-4 years in state prison
• Substantial fines – Up to $2,000 for misdemeanors, $10,000+ for felonies, plus court fees and restitution to the victim
• Probation – Typically 3 years of supervised or unsupervised probation with strict conditions including anger management classes, no-contact orders, and warrantless searches
• Restraining orders – Courts often issue protective orders preventing you from contacting the alleged victim, even if you live together or share children
• Mandatory classes – Court-ordered anger management, batterer’s intervention programs (52-week minimum for domestic violence), or counseling
• Loss of gun rights – Felony convictions and certain misdemeanor domestic violence convictions prohibit firearm ownership under federal and state law
• Immigration consequences – Assault and battery convictions can be deportable offenses or crimes of moral turpitude affecting visa status and naturalization
• Permanent criminal record affecting employment, housing, professional licenses, child custody proceedings, and your reputation in the community

Why You Need an Attorney for Assault & Battery Charges

Early Intervention Changes Everything

The first 48 hours after an assault or battery arrest are critical. What you say to police, whether you’re released on bail, and how quickly we start investigating can determine the outcome of your case. We’ve seen cases dismissed because we acted fast—interviewing witnesses before they disappeared, preserving surveillance footage before it was deleted, and identifying self-defense evidence the police ignored. By the time most people hire an attorney, critical evidence is already gone. Don’t wait.

These Cases Are Complex

Assault and battery cases involve nuanced legal issues that prosecutors hope you won’t understand. Did the officer have probable cause to arrest you? Was there mutual combat that should result in no charges? Were you acting in self-defense or defense of others? Did you have the present ability to commit the assault, or was it just words? We know how to challenge identification evidence, question the credibility of alleged victims with motives to lie, and expose inconsistencies in police reports that prosecutors gloss over.

The Consequences Are Permanent

A violent crime conviction follows you forever. It shows up on every background check, explains why you can’t work in healthcare or education, and affects child custody and visitation. Insurance companies see you as high-risk. Landlords deny your rental applications. And if you’re charged with another crime years later, prosecutors will use your prior assault conviction to argue for harsher penalties. This isn’t just about jail time—it’s about protecting your future.

Experience Matters

We’ve defended assault and battery cases in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We know which judges are sympathetic to self-defense claims and which ones aren’t. We know which prosecutors will negotiate and which ones need to see we’re ready for trial. We know how local juries respond to different defenses. That local knowledge has kept countless clients out of jail and off probation. When you’re facing a violent crime charge, you need attorneys who’ve walked into that specific courtroom hundreds of times—and won.

How Central Coast Criminal Defense Can Help

With over 15 years of experience defending assault and battery cases throughout San Luis Obispo, Santa Maria, and Lompoc, we provide:

• Thorough Case Investigation – We interview witnesses, obtain surveillance footage, review medical records, and investigate the alleged victim’s credibility and motives, building a complete picture of what really happened.
• Aggressive Defense Strategy – We challenge probable cause for arrest, file motions to suppress illegally obtained evidence, and assert self-defense, defense of others, mutual combat, or false accusation defenses tailored to the specific facts of your case.
• Skilled Negotiation – We leverage our relationships with local prosecutors to negotiate reduced charges (such as disturbing the peace instead of battery), dismissals in cases with weak evidence, or diversion programs that keep your record clean.
• Trial-Ready Advocacy – When the prosecution won’t offer an acceptable deal, we take your case to trial with confidence, cross-examining witnesses effectively and presenting compelling defenses that have resulted in not-guilty verdicts.
• Personal Attention – You work directly with experienced trial attorneys, not junior associates or paralegals, and we’re available to answer your questions throughout the entire process.

We understand that assault and battery charges often arise from situations that escalated quickly—a misunderstanding at a bar, a family argument that got out of hand, or defending yourself when someone else was the aggressor. You’re not a violent criminal, and we won’t let the prosecution treat you like one. We’ve successfully defended hundreds of assault and battery cases on the Central Coast, and the majority of our clients avoid jail time entirely. We know how to challenge witness credibility, expose false allegations, prove self-defense, and negotiate outcomes that protect your freedom and your record.

The stakes are high, but you don’t have to face these charges alone. We know the local courts, the prosecutors, and the judges. We know what works in San Luis Obispo County, and we know how to fight for you. Whether this is a misunderstanding that got out of control or a situation where you were defending yourself, we’re here to tell your side of the story—and we won’t stop fighting until we get the best possible result.

Don’t Wait—Call Us Today

Your future is worth fighting for. Let’s get started.