LA Assault and Battery Defense Lawyers

While seemingly minor threats or altercations might not seem like a big deal, they can turn into life-changing situations if you are arrested and charged with assault or battery in Los Angeles. Whether someone claims they suffered harm or were simply afraid of harm, it can result in serious penalties if you are convicted of even misdemeanor assault or battery. Further, having these offenses on your criminal record can often limit your future employment in certain industries or even your parental rights.  

That’s why you need Chudnovsky Law defending you as soon as possible following an arrest. Our skilled Los Angeles assault and battery defense attorneys are ready to protect your rights and present an aggressive defense. Call (213) 212-5002 today to get started.

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LA Assault and Battery Defense Guide

• Los Angeles Assault And Battery Crime Overview
• Types Of Los Angeles Assault And Battery Cases
• Where Assault And Battery Happen in Los Angeles
• Defending Against LA Assault And Battery Charges
• Contact Our Los Angeles Assault and Battery Lawyers

Why Choose Us?

When you need a skilled criminal defense lawyer in LA, look no further than Chudnovsky Law. Our experienced Los Angeles criminal defense attorneys have successfully defended over 9,000 clients in criminal court over the years.

Our senior criminal defense lawyers are rated 10.0 by Avvo and 10.0 by Justia. Our law office is listed as a highly respected defense firm by the U.S. News and World Report.

If you need defense representation, we are ready to help you 24/7. Call us now at (213) 212-5002 for a legal consultation or visit our Los Angeles law office, located at 1933 S Broadway, #1100. Someone is ready to listen to what happened and advise you on defense options.

 

Los Angeles Assault And Battery Crime Overview

Assault and battery charges in Los Angeles fall under California Penal Code Sections 240 and 242, respectively, and are related though distinct criminal offenses. Both are treated as serious offenses with potentially life-altering consequences, especially if harm resulted. These charges often arise together because they involve related acts of violence or attempted violence, but they have different legal elements to each charge. 

Assault is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury to another person, even if no physical contact occurs. Many people are shocked to learn they can be arrested and convicted when they never touched another individual, though assault applies to creating imminent fear of harm or offensive contact. Battery, on the other hand, involves the willful and unlawful use of force or violence against someone, including any harmful or offensive touching, no matter how slight. 

Understanding the nuances of these charges is essential for anyone facing them, as the specifics of the incident, such as the severity of the act or the victim’s identity, can significantly impact the legal outcome. Having proper defense representation and guidance is critical.

Penalties For Assault And Battery 

The penalties for assault and battery in Los Angeles depend on whether the charges are classified as misdemeanors or felonies, which hinges on factors like the extent of injury, use of a weapon, or the victim’s status.

Simple assault (PC 240) is a misdemeanor, punishable by up to six months in county jail and fines of up to $1,000. A simple battery (PC 242) carries similar penalties, with a potential jail term of up to six months and fines of up to $2,000.

Aggravated forms, such as assault with a deadly weapon (PC 245) or battery causing serious bodily injury (PC 243(d)), can be charged as felonies, leading to 2-4 years in state prison and fines up to $10,000. Exceptional cases, like domestic battery or attacks on protected individuals, may involve additional penalties, such as mandatory counseling or restraining orders, and felony convictions can count toward California’s Three Strikes Law.

Types Of Los Angeles Assault And Battery Cases 

State law has several types of assault and battery claims:

Simple Assault 

Simple assault, as defined under California Penal Code Section 240, occurs when an individual attempts to use force or violence on another person or makes a credible threat to do so without necessarily making physical contact. For example, raising a fist in a threatening manner during an argument in a Los Angeles bar could qualify as a simple assault.

This is typically a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or both. In Los Angeles, these cases are common in public disputes, such as altercations at events or on public transit, and prosecutors often consider factors like the defendant’s intent and the victim’s reasonable fear of harm.

Simple Battery

Simple battery, under California Penal Code Section 242, involves the unlawful use of force or violence on another person, even if the contact is minor and causes no significant injury. For instance, shoving someone during a heated disagreement at a Los Angeles street festival could be charged as a simple battery. Like simple assault, it is a misdemeanor, with penalties including up to six months in jail, a fine of up to $2,000, or both. These cases frequently arise in domestic disputes or minor scuffles, and Los Angeles courts may offer diversion programs for first-time offenders, such as anger management classes, to avoid jail time.

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Aggravated Assault

Aggravated assault, outlined in California Penal Code Section 245, involves an assault with a deadly weapon or with force likely to cause great bodily injury. An example might be brandishing a knife during a confrontation in a Los Angeles parking lot.

This offense can be charged as a misdemeanor or felony (a “wobbler”), depending on the severity of the case, the type of weapon used, or the extent of the threat. Penalties for a misdemeanor include up to one year in jail, while a felony conviction can lead to two to four years in state prison and fines up to $10,000. Los Angeles prosecutors often pursue felony charges when serious harm is intended, or a weapon is involved, especially in gang-related incidents.

Aggravated Battery

Aggravated battery, under California Penal Code Section 243(d), occurs when a battery results in serious bodily injury, such as broken bones or significant bruising. For example, punching someone during a fight at a Los Angeles nightclub, causing a concussion, could lead to this charge.

Aggravated battery is another “wobbler,” with misdemeanor penalties including up to one year in jail and felony penalties ranging from two to four years in prison, plus fines up to $10,000. In Los Angeles, these cases often involve bar fights or domestic violence incidents, and convictions may lead to restraining orders or mandatory counseling in addition to jail time.

Domestic Battery

Domestic battery, governed by California Penal Code Section 243(e)(1), is a specific type of battery involving a spouse, cohabitant, fiancé, or someone with whom the defendant has a dating relationship. An example is slapping a partner during an argument in a Los Angeles home.

This is a misdemeanor, carrying a potential penalty of up to one year in jail, fines of up to $2,000, or both, and often includes a mandatory 52-week batterer’s intervention program. Los Angeles courts prioritize these cases due to their impact on families, and convictions may result in protective orders or loss of custody rights. Related charges, such as corporal injury to a spouse (Penal Code Section 273.5), apply when significant injury occurs, resulting in escalating penalties.

Assault or Battery on a Peace Officer

Assault or battery on a peace officer, covered under California Penal Code Sections 241(c) and 243(b)-(c), involves targeting a police officer, firefighter, or similar official while they are performing their duties. For instance, pushing an LAPD officer during a protest in downtown Los Angeles could lead to this charge.

Assault on a peace officer is a misdemeanor with up to six months in jail, while battery can be a misdemeanor (up to one year in jail) or felony (up to three years in prison) if serious injury occurs. These cases are prosecuted aggressively in Los Angeles due to the emphasis on protecting public servants, often resulting in harsher penalties.

All of these LA assault and battery cases are serious and can lead to jail time. Retain the skilled Los Angeles assault and battery lawyers at Chudnovsky Law for a robust defense.

Where Assault And Battery Happen in Los Angeles 

Assault and battery incidents in Los Angeles can occur in various settings, often influenced by social, environmental, and situational factors. Talk to our criminal defense lawyers today if you’ve been charged with LA assault and battery anywhere in the city.

Public Spaces and Entertainment Venues

Bars, clubs, and restaurants are frequent hotspots due to alcohol consumption and heated interactions. Verbal arguments can escalate into physical confrontations, leading to assault and battery. For example, a restaurant worker in downtown Los Angeles was brutally attacked by a customer over a food order.

Large crowds and heightened emotions at stadiums or concert venues can lead to violent incidents. For example, SoFi Stadium in Inglewood has been cited as a location where assault and battery happens, often linked to inadequate security or hazardous conditions like poor lighting or lack of crowd control.

Protests and Demonstrations

Downtown Los Angeles, particularly areas like the Civic Center or near federal buildings, has seen assault and battery incidents during protests. These incidents often involve clashes between protesters and law enforcement, with reports of protesters being charged with assaulting officers or vice versa.

Public Transportation and Metro Stations

Metro stations, such as Fillmore Metro Passenger Station and Downtown Santa Monica Metro Station, have reported battery and assaults on security personnel or other passengers. These incidents often involve transient populations or occur in crowded, under-monitored areas.

Defending Against LA Assault And Battery Charges

When you hire our skilled Los Angeles assault and battery lawyers from Chudnovsky Law, we will jump into action to build a defense strategy.

Understanding the Case and Evidence

Your criminal defense attorney begins by thoroughly analyzing the prosecution’s case and scrutinizing police reports, witness statements, and physical evidence like surveillance footage or medical records. They identify weaknesses, such as inconsistent testimonies, lack of intent, or insufficient proof of willful action, which prosecutors must establish beyond a reasonable doubt.

For example, if the alleged act was accidental or could not cause harm, your attorney can argue that the elements of assault or battery are not met. By leveraging their knowledge of California law, they challenge the credibility of evidence, ensuring the prosecutor’s narrative is rigorously tested.

Crafting a Tailored Defense Strategy

An experienced Los Angeles assault and battery attorney develops a defense tailored to the specifics of your case, drawing on common defenses like self-defense, defense of others, or false accusations. California law allows self-defense if you reasonably believe you or another person are in imminent danger and use proportional force (California Jury Instruction No. 505). Your attorney may present evidence, such as witness accounts or prior threats by the alleged victim, to support this claim.

Alternatively, they might highlight motives for false allegations, like personal disputes, which are common in cases with no physical injury. If applicable, they can negotiate to reduce felony charges, such as assault with a deadly weapon (Penal Code 245(a)(1)), to misdemeanors through plea deals.

Handling Court Appearances and Negotiations

Los Angeles courts are busy, and prosecutors often rely on their familiarity with local judges and procedures to push for convictions. Your attorney, ideally one with established relationships in the Los Angeles County court system, counters this advantage by negotiating effectively with prosecutors and presenting your case persuasively to judges.

They may secure favorable plea deals, such as probation instead of jail time, or push for diversion programs for first-time offenders. If the prosecutor is unreasonable, your attorney prepares for trial, using their courtroom experience to challenge evidence and sway juries, often avoiding the public exposure and costs of a trial.

Protecting Your Future

Beyond the immediate case, your LA assault and battery attorney works to mitigate long-term consequences, such as employment challenges or loss of civil rights from a felony conviction. They may seek to have charges dismissed before trial through pre-file investigations or argue for reduced penalties based on your lack of criminal history or the minor injuries involved.

For instance, simple assault or battery convictions carry up to six months in jail and fines, but skilled negotiation can result in community service or counseling instead. By anticipating the prosecutor’s strategies and leveraging their skill, your attorney ensures your rights are protected and fights to preserve your future opportunities.

Contact Our Los Angeles Assault and Battery Lawyers 

An assault and battery charge is a serious allegation, but strong defenses are available. Chudnovsky Law has an experienced defense team available to help you. Call Chudnovsky Law’s LA assault and battery defense lawyers at (213) 212-5002 today.

Schedule A Free Consultation