Assault Defense & Battery Lawyer

Being arrested and charged with assault is scary. You may be faced with terrifying questions, such as: Will I go to prison? What will happen to my family? And how will all this affect my future?

Just remember: A conviction is never a foregone conclusion. An experienced Los Angeles assault defense lawyer can fight to have the charges against you reduced or dropped altogether. If your best option is a plea deal, a skilled assault defense attorney can negotiate for the terms that are most favorable for your specific situation.

At the Law Offices of Justin E. Sterling, we have successfully defended many people throughout Los Angeles on a range of assault and battery charges. We know how prosecutors pursue these cases, and we have the skills to put up a strong defense on your behalf. Contact us today for a free and confidential case review.

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Penalties for Assault

Penalties for an assault conviction can vary widely, depending in part on whether the crime is charged as a misdemeanor or a felony. A misdemeanor conviction carries a jail sentence of up to 1 year. A felony conviction carries a prison sentence of more than a year.

Here are the sentences for some common assault charges:

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

California Penal Code Section 240 defines the crime of assault and describes what the prosecution needs to prove for a conviction. Under California law, assault is an “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Broken down further, the prosecution must demonstrate that the defendant:

Perpetrated an act that would likely result in the application of force to another person by its very nature
Performed the act willfully and under his own volition, and not by accident
Was aware of the possibility, to the extent a reasonable person would be aware, that the act would directly and probably result in the application of force to another person
Had the present ability to apply force

To be convicted of assault, the defendant does not actually have to make contact with the victim. The “attempt” to apply force is all that is required.

Secondly, the attempt does not have to be violent. It just has to be an attempt to apply force. In fact, there can even be a degree of separation between the offender and the victim. For example, if the offender throws a rock at someone standing 100 feet away but misses the target, the offender could still be charged with assault.

Perhaps the slipperiest element of assault is intent. The defendant does not have to intentionally assault the victim. Rather they must only be aware that their acts could result in the application of force to another human being. For example, two men are fighting at a party. If one of the men swings to hit the other but accidentally punches a woman standing nearby instead, he could be charged with assault even though he had no intention of hitting the woman.

What’s the Difference Between Assault and Battery?

People commonly use the terms “assault” and “battery” interchangeably. But they in fact describe two different crimes.

California Penal Code Section 242, defines battery as “any willful and unlawful use of force or violence upon the person of another.”

The primary distinction between assault and battery is the application of force. A battery conviction requires the actual application of force (physical contact), not merely the attempt to apply force.

Generally speaking, when a person commits battery, they often also commit assault. For example, a man and woman are arguing over a parking spot at the supermarket, and the woman slaps the man across his face. The act of slapping would constitute assault, and the actual striking of his face would constitute battery. Thus, she could be charged with assault and battery.

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Common Charges Related to Assault

There are a variety of charges that often tie into assault cases, including:

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

Common Defenses to Assault and Battery

Defense attorneys will always explore a variety of strategies to undermine the prosecution’s case. Some common defenses to assault charges include:

Accident: The defense may be able to show that the actions were accidental, and the defendant lacked the necessary intent for a conviction.
Self-defense: Battery can be justified if the alleged offender had a reasonable fear of bodily harm or death.
Defense of others: Battery can also be justified if it was necessary to protect others.
Consent: If the victim consented to the touching, the defendant cannot be held responsible for assault.

At the Law Offices of Justin E. Sterling, we will go over all the details in your case and identify all the weaknesses in the prosecution’s argument. We may also uncover flaws in the investigation that could lead to certain evidence being thrown out. Oftentimes, we are able to get charges reduced or dismissed altogether, depending on the circumstances.

How Our Los Angeles Assault Defense Attorney Can Help You

When you’re charged with a crime, it’s easy to feel overwhelmed. It may seem like the things you worked so hard for are quickly slipping through your grasp. If you’re convicted, what will your future look like? The situation can feel even more depressing if the authorities are treating you like you’re guilty before you even set foot in court.

Just remember: You are innocent unless the prosecution can prove otherwise. At the Law Offices of Justin E. Sterling, we make the prosecution’s job hard, if not impossible. With decades of experience representing Los Angeles residents charged with assault, we have the skills and the resources to build a strong defense for you.

Our approach to legal representation is defined by communication and service. We never talk down to our clients. Rather, we work with them to identify solutions to their unique problems. Our practice is driven by a deep belief that everyone, no matter their zip code or income, is entitled to highly skilled legal representation.

The Law Offices of Justin E. Sterling serve many locations throughout Los Angeles, including Beverly Hills, Brentwood, Burbank, Century City, Los Angeles Airport, Marina Del Rey, Pasadena, Sherman Oaks, Torrance, Valencia, and West Los Angeles. We have a proven track record of success defending people charged with assault and battery in Los Angeles, and we are confident that we can get the best possible outcome for your case. Contact us today for a free and confidential case review. We serve all of Los Angeles and surrounding areas.

Assault Defense & Battery Attorney

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