Legally Reviewed By

Justin E. Sterling

Criminal Defense Attorney

An award-winning trial lawyer specializing in criminal defense and civil rights, Mr. Sterling has dedicated his career to representing the accused as well as those who have been mistreated by law enforcement.

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An assault conviction can forever change your life. The penalties are harsh and include prison time and hefty fines. Furthermore, a conviction on your record could make it difficult to find a job and housing even after your sentence is over. Fortunately, there are many ways to fight assault changes. An experienced Encino assault lawyer can help you understand your options and aggressively defend your freedom and your future.

At the Law Offices of Justin E. Sterling, we have decades of experience defending people who have been charged with assault crimes. We have secured reduced charges and case dismissals for many of our clients, arguing for the best possible outcome in every case.

If you’ve been charged with assault in Encino or surrounding areas including Beverly Hills, Brentwood, Burbank, Century City, Los Angeles Airport, Marina Del Rey, Pasadena, Sherman Oaks, Torrance, Valencia, West Los Angeles, and Woodlands Hills, contact the Law Offices of Justin E. Sterling today for a free and confidential consultation. We can help you get through this difficult time and move forward with your life.

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(818) 995-9452

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“Justin knows defense work inside and out and from every perspective. The courtroom is his home and trial is where he is most comfortable.”
-C.K.R., Prosecutor

Why Trust Your Assault Case to the Law Offices of Justin E. Sterling?

Our Encino criminal defense law firm provides aggressive representation and compassionate support to people who are fighting for their freedom after an arrest.

We are widely recognized for:

Over two decades of criminal trial experience, with more than 100 cases tried to verdict
A carefully selected team of private investigators with law enforcement backgrounds
Longtime working relationships with prosecutors, district attorneys, and law enforcement agencies throughout the Southland criminal justice system
Extensive practice experience in both state and federal court
A strategically limited caseload that allows for personalized attention on each case

If you need legal advice after an assault arrest, please reach out to the Law Offices of Justin E. Sterling today. We can review your options in a free consultation.

What Happens After You’re Arrested for Assault?

After an arrest, it is important to understand the criminal process and what to expect.

Arraignment

This is your first formal court appearance. At this stage, you will be informed of your rights and the charges against you. Additionally, you will enter a plea with the court. There are three possible pleas: guilty, not guilty, and nolo contendere. Finally, the terms of your bail will be set.

Pre-trial proceedings

During the pre-trial phase, both sides will investigate the case and gather evidence to make their arguments. As part of the discovery process, the prosecution and defense will get a chance to review the other’s evidence. This gives both sides a better understanding of the strengths and weaknesses of a case. Your attorney may file motions for certain evidence to be thrown out. Your attorney may also argue for the charges against you to be reduced or dropped altogether. If a plea deal is the best move, your attorney will negotiate for the most favorable terms.

Trial

If your case is not resolved during the pre-trial phase, you will go to trial. Both sides will present their arguments, backed by evidence and witness testimony. At the conclusion, the court will determine the verdict.

Call us today for help

(818) 995-9452

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What Does the Prosecution Have to Prove in an Assault Case?

Under California Penal Code Section 240, assault is a crime involving “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

For the defendant to be convicted, the prosecution must demonstrate with evidence that they:

Committed an act that by its nature would probably result in the application of force to someone else
Committed the act willfully
Were aware of facts that would lead a reasonable person to believe that the act would directly and probably result in the application of force to the victim
Had the present ability to apply force to that person

When people think of assault, they often imagine one person striking or hitting another, but assault does not actually require physical contact. For example, if two men are having an argument at a party and one of them attempts to punch the other, the attempt by itself, even if it didn’t land, would be enough to constitute an assault charge.

The act does not have to be violent, either. It could simply be an offensive touching.

Furthermore, the act can be indirectly aimed at the victim. An example would be a teenager throwing rocks at passing cars.

One of the trickiest elements of assault is intent. The crime does not actually require the defendant to intentionally attempt to injure the victim. Rather, in this context, the defendant must only be aware that their actions could result in the application of force to another person.

Our Clients Say It Best

When Justin wins he WINS BIG. It is this truth that enables him to achieve impossible results quickly and quietly for his clients.

- H.L., Superior Court Judge (Retired)

Justin is an excellent trial lawyer who cares deeply for his clients.

- Superior Court Commissioner

Justin has unwavering commitment in what he does.

- R.E., Attorney at Law

Mr. Sterling is a compassionate attorney and person. He goes the extra mile for his clients. He has done so for me on more than one occasion.

- P.S., Former Client

It’s no coincidence that year in and year out Mr. Sterling is recognized by his clients, peers, and third party rankings as one of the best in his field.

- J.P., Attorney at Law

Justin’s knowledge of the law, trial experience in LA County courthouses, and respect among judges and prosecutors is a point of difference between him and other defense attorneys. Outlawyered everyone in the courtroom. Case dismissed!

- I.R., Former Client

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What Is the Difference Between Assault and Battery?

It’s a popular misconception that assault and battery are the same crime. The confusion likely stems from the fact that they are often charged together. In California, though, assault and battery are two different crimes. But they do share certain characteristics.

Battery is charged under California Penal Code 242, which defines the crime as “any willful and unlawful use of force or violence upon the person of another.”

The difference between assault and battery centers on the defendant’s use of force. For an assault charge, it does not matter whether the defendant’s attempt to hurt the victim was successful. A battery charge, on other hand, requires the application of physical force. The defendant must actually make contact with the victim.

If a man throws a punch and misses, he may only be charged with assault. If his punch lands, he may be charged with both assault and battery.

Assault and battery have similar penalties. A conviction for simple assault may result in a maximum 6-month jail sentence and a fine of up to $1,000. Simple battery carries the same jail sentence and a $2,000 fine. However, both crimes are wobbler offenses and may be charged as felonies if certain aggravating factors are present.

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Charges Related to Assault

Our Encino criminal defense law firm has successfully handled a wide range of assault cases involving charges of:

Assault with a deadly weapon – California Penal Code 245
Battery – California Penal Code 242
Aggravated battery – California Penal Code 243(d)
Domestic battery – California Penal Code 243(e)(1)
Sexual battery – California Penal Code 243
Battery on a police officer – California Penal Code 243(b) and 243(c)

Common Defenses to Assault and Battery Charges

Although prosecutors and law enforcement officers may act like they have a clear-cut case against you, there are many defenses to assault charges. For example:

Self-defense: Your actions may have been justified if you had a reasonable fear of bodily harm.
Protection of property: You may have been using force to protect your property.
Accident: The entire incident may have been an accident, with no intent to apply force.
Consent: If the accuser consented to the touching, this may be used as a defense.

An experienced Encino assault attorney can review all the evidence in your case and identify every avenue for fighting the charges against you.

Penalties for an Assault Conviction

The penalties for a conviction vary depending on the type of assault. For example:

Simple assault: A jail sentence of up to 6 months and a maximum fine of $1,000
Assault with a deadly weapon: A prison sentence of up to 4 years and a maximum fine of $10,000
Assault on a public officer: A prison sentence of up to 3 years and a maximum fine of $10,000
Assault with caustic chemicals: A prison sentence of up to 4 years and a maximum fine of $10,000

How an Encino Assault Defense Attorney Can Help

When you’re charged with assault, you may experience a wave of emotions – fear, anxiety, uncertainty, and embarrassment. It’s easy to feel like your future is slipping through your hands. But you can fight back with the help of a skilled Encino assault defense lawyer.

An experienced defense attorney can represent you during all interactions with law enforcement, ensuring you are being treated fairly at each stage of the process. They can also rigorously defend your rights before a judge and jury, identifying the critical evidence that undermines the prosecution’s case.

At the Law Offices of Justin E. Sterling, we have decades of experience handling high-level criminal cases, including assault. We will review your case for free and give you our honest advice on your best options for defense.

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Encino Assault & Battery Lawyer