Assault and Battery Defense Attorney in Burbank

In Burbank, assault and battery charges need to be handled carefully. Both are violent crimes and come with significant penalties upon conviction. One wrong move could make a serious situation even worse. Having an experienced defense attorney on your side can help protect your rights and work toward the best possible resolution.

The Law Offices of Justin E. Sterling provides personalized, strategic criminal defense services for people facing assault and battery charges in Burbank. We don’t rely on one-size-fits-all approaches. We dig into the facts and explore every possible defense to create a plan that fits your unique case.

Even a single accusation can have lasting consequences. Call our law firm today to talk to a skilled assault and battery defense attorney in Burbank.

What Is Assault and Battery?

Assault and battery are related but have different meanings in California. California Penal Code §240 defines assault as an unlawful attempt and the present ability to commit a violent injury on another person. Even if no physical contact occurs, threatening gestures or actions that put someone in reasonable fear of harm can be assault.

Battery, however, is about actual contact. California Penal Code §242 defines battery as the willful and unlawful use of force or violence on another person. Even minor contact can be battery if it’s harmful or offensive. Certain cases, including battery against specific protected persons like spouses or public officers, fall under California Penal Code §243, which carries enhanced penalties.

The distinction is important because the evidence required and defense strategies may differ. Assault is often based on threats or gestures, while battery usually requires proof of physical contact. Some cases involve both assault and battery in the same incident.

Legal Defenses for Assault and Battery Charges in Burbank

Your defense should always be tailored to the specific facts of your case, and the Law Offices of Justin E. Sterling makes a point to build customized defenses for each client. However, there are a few common defenses for assault and battery charges:

• Self-defense or defense of others: You might argue that your actions were necessary to protect yourself or someone else from immediate harm. The force used must be reasonable compared to the threat. For instance, pushing someone to prevent them from hitting you may qualify as self-defense, but shooting someone because they shoved you to the ground is not.
• Consent: In certain situations, the contact or threat of contact may be consensual. Sports activities, physical play, and other interactions where both parties understand the potential for minor contact can be a defense against battery claims. For example, someone playing football can expect to be tackled, but not punched in the face.
• False or mistaken accusations: Sometimes, personal conflicts, faulty identification, and misunderstandings lead to false allegations. Witness testimony, surveillance footage, alibis, and communications can help prove your side of the story.
• Lack of intent: Assault and battery require proof of intent to commit harm. If the contact was accidental or without malicious intent, that can be a defense.
• Lawful action: Some acts are legally protected. For example, performing an official duty, like a law enforcement officer making a lawful arrest, may exempt you from criminal liability.

A skilled Burbank criminal defense lawyer can determine which defenses provide the strongest chance of dismissal, reduced charges, or a favorable plea. The earlier you work with a lawyer, the more defense options you’re likely to have.

Penalties for Assault and Battery in California

If you’re convicted of assault or battery, the punishments will vary depending on the severity of the incident and other factors, such as a prior criminal history.  Penalties include:

• Simple assault or battery: This misdemeanor can carry up to six months in county jail, fines up to $2,000, probation, and a permanent criminal record. Even if jail time is relatively short, the long-term consequences can affect employment, housing, and relationships.
• Aggravated assault or battery: Factors like the use of a weapon, causing serious injury, or targeting a protected person can elevate charges to a felony. Felony convictions may carry a sentence of up to 4 years in state prison, along with fines and probation.
• Enhanced penalties for protected people: Assaulting a spouse, cohabitant, teacher, or law enforcement officer comes with additional penalties. These laws recognize the victim’s vulnerability or special status.

Many assault and battery charges are “wobbler” offenses, meaning prosecutors can upgrade the case from a misdemeanor to a felony depending on the facts of the case. Additionally, many of these charges are considered strikes under California’s Three Strikes Law, which imposes harsher penalties for repeat offenders.

When the stakes are so high, it’s vital to work with a Burbank criminal defense attorney. A strong defense may help you secure a dismissal, reduced charges, or avoid jail time.

Steps to Take If Charged with Assault or Battery in Burbank

How you respond to a charge can influence the outcome of your criminal case. Here’s what to do:

• Do not admit guilt: Avoid talking to police, witnesses, or anyone else about the incident. Anything you say can be used against you in court.
• Document the incident: Collect evidence like photos, medical records, texts, or video footage related to the incident. Witness accounts can also provide crucial context that supports your side of the story.
• Hire an experienced Burbank criminal lawyer: Early legal intervention can identify weaknesses in the prosecution’s case. An attorney who’s familiar with Burbank courts and local prosecutors can navigate the criminal justice system better than you can alone.
• Follow your lawyer’s instructions carefully: Attend all court dates, comply with bail conditions, and participate in any recommended programs. Failure to follow legal requirements — or your attorney’s advice — can make your situation worse.

Why Choose the Law Offices of Justin E. Sterling for Your Criminal Defense?

Hiring our firm gives you several advantages:

• Aggressive representation: With over 20 years of criminal defense experience in Southern California, Justin E. Sterling is a seasoned trial lawyer and has successfully represented clients in numerous cases involving assault, battery, and other violent crimes.
• Proven track record in court: Justin E. Sterling is an accomplished litigator in California courts, having tried over 70 cases to verdict, including a not-guilty verdict for a man facing nine years in state prison for felony domestic violence and assault with a deadly weapon.*
• Strategic advice: Every client receives a customized defense plan based on their unique situation and criminal charges.
• Negotiation experience: When appropriate, Justin Sterling will negotiate for reduced charges, alternative sentencing, or diversion programs in an effort to limit long-term consequences.
• Personalized support: We’ll communicate in plain language so you can make informed decisions.

Our clients’ feedback shows the impact we make on their lives. Past client I.R. writes:

“Justin’s knowledge of the law, trial experiences 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!” *

Discuss Your Case with an Experienced Burbank Criminal Defense Lawyer Today

The Law Offices of Justin E. Sterling is available 24/7 to discuss your case. Contact our legal team now for a free consultation.

*This page is for informational purposes. Past results do not guarantee the same outcomes.