Expert Representation by the Ginny Walia Law Offices
If you or a loved one have been arrested or accused of assault or battery in the San Jose / San Francisco Bay Area - including Alameda County, Contra Costa County, Marin, San Mateo or Santa Clara County - you need a knowledgeable criminal defense attorney experienced in California violent-crime law. At the Walia Law Firm, we defend clients charged under California's assault & battery statutes and fight to protect your rights, freedom and future.
Facing assault or battery charges? Don't wait to get legal help. Early intervention can make a significant difference in your case outcome.
Why Choose Us for Your California Assault or Battery Case
- 20+ years serving Bay Area clients in criminal defense, including assault, battery and related violent-crime cases.
- A focused practice: about 60% family law / 40% criminal defense (with growing PI practice), giving you personalized service and depth.
- Local expertise: We handle cases in Alameda, Contra Costa, Marin, San Mateo, Santa Clara and Solano Counties.
- Aggressive defense: We analyze the facts, challenge the evidence, explore self-defense, and push for the best possible outcome - whether dismissal, reduction or favorable plea.
- Clear communication: We explain the law, the process, the risks, and the strategy in plain English.
- Your future matters: We look beyond the immediate case to how a conviction may affect employment, immigration, expungement eligibility and record relief.
Understanding Assault & Battery Charges in California
In California criminal law, "assault" and "battery" are distinct offenses under the California Penal Code (PC). Knowing the differences and possible enhancements is critical when working with an experienced Bay Area assault & battery defense attorney.
Assault (PC 240)
Under PC 240, simple assault is defined as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. The crime does not require actual physical contact or injury - the attempt or threatened force is sufficient.
Battery (PC 242)
Under PC 242, battery is the willful and unlawful use of force or violence upon another person. Contact is required (even if minimal) and the victim need not suffer major injury.
Assault With a Deadly Weapon / Aggravated Assault (PC 245(a)(1))
Under PC 245(a)(1), any person who assaults another with a deadly weapon, or by means likely to produce great bodily injury, may be charged with a "wobbler" (misdemeanor or felony) depending on the facts. This crime often has significantly higher penalties and may trigger "strike" exposure under California's Three Strikes law if certain aggravating factors are present. For more information on weapon-related charges, see our weapons & firearms defense page.
Penalties & Consequences for Assault & Battery in California
Here's a breakdown of typical penalties - but remember: each case depends on facts such as victim status (peace officer, etc.), weapon use, great bodily injury (GBI), prior record, and whether the case is charged as a misdemeanor or felony.
Simple Assault (PC 240)
- Misdemeanor: Up to 6 months in county jail and/or a fine up to $1,000.
- Enhanced when victim is a peace officer, firefighter, EMT, lifeguard, etc: Up to 1 year in county jail and/or a fine up to $2,000.
- Statute of limitations: Usually 1 year for misdemeanors.
Simple Battery (PC 242)
- Misdemeanor: Up to 6 months in county jail and/or a fine up to $2,000.
- Enhanced if victim is a protected class or there is great bodily injury: May become a felony with prison exposure.
Assault With a Deadly Weapon / PC 245(a)(1)
- Misdemeanor version: May carry up to 1 year in county jail.
- Felony version: 2, 3 or 4 years in state prison (or more depending on GBI / weapon) plus up to $10,000 fine.
- May count as a "strike" if GBI is proven or a firearm used.
- Statute of limitations: Typically three years for felonies.
Additional Impacts
- A conviction can affect employment, professional licensure, immigration status (including deportation risk), and eligibility for expungement or record relief.
- Even a misdemeanor assault or battery may show up on a background check and impact future opportunities.
- Assault and battery charges may result in restraining orders or protective orders, especially in domestic violence cases.
The San Jose / Bay Area Process for Assault & Battery Cases
- Investigation & arrest - law enforcement may detain you, conduct interviews, collect evidence (video, witness statements, medical reports).
- Bail/Release - depending on charges, prior record, and flight/risk concerns.
- Arraignment / Initial Appearance - you will be informed of charges, enter a plea (often "not guilty" initially).
- Pre-trial motions and discovery - your attorney reviews the evidence, challenges improper searches/seizures, negotiates with the district attorney.
- Plea negotiations or trial preparation - many cases resolve via plea deals (reduction of charges, probation, diversion) but some must go to trial.
- Sentencing / resolution - if convicted or plead, the judge will impose jail or prison time (if applicable), fines, probation, anger-management classes, community service, restitution.
- Post-conviction consequences - record relief options (expungement under PC 1203.4, reduction under PC 17(b) if eligible), dealing with collateral consequences.
Common Defenses to Assault & Battery Charges
A skilled Bay Area criminal defense attorney will evaluate defenses such as:
- Self-defense / defense of others - You reasonably believed you or someone else was in imminent danger of bodily injury, the force used was necessary, and you used no more force than necessary.
- Accident / no intent to apply force - If the act was unintentional and lacked willful use of force, the assault or battery may be challenged.
- False accusation / mistaken identity - Especially where there is no injury, weak evidence, contradictory witness statements.
- Lack of present ability (assault) or absence of contact (battery) - For PC 240 or 242, the prosecution must prove the specific element.
- Statute of limitations / lawful delay - Charges filed after the applicable limitation period may be dismissed.
- Improper arrest / search & seizure issues - Violations of your rights can lead to suppression of key evidence.
