Law is complicated, integrity is not

Dublin Assault & Battery Defense Attorney

Honest and Ethical Representation to Combat Your Charges

If you have been accused of assault or battery, do not hesitate to reach out to an experienced defense attorney to discuss your next steps. The consequences of a conviction could involve years in prison and thousands of dollars in fines but hiring a lawyer could help you obtain reduced charges, if not a complete dismissal. 

RLS Criminal Defense is committed to providing Dublin residents with cost-efficient and ethical representation. Attorney Ryan Smith will lay out all your options for you, even if some of them may not be what you want to hear. You can trust the firm to provide honest and transparent legal counsel; get started on your defense with RLS Criminal Defense today.

Schedule a free consultation with the firm today for more information. Defending clients in Alameda, San Joaquin, and Contra Costa Counties.

What Constitutes Assault and Battery?

According to California Penal Code 240 PC, assault is the attempt to use force or violence on someone else, and battery is the actual use of force or violence on someone else. This means a charge of assault does not need to be grounded on any actual physical contact; merely an action that may inflict physical harm or undesired touching constitutes assault.

To convict someone of battery, the prosecutor must prove that the offender physically touched someone else willfully and in a harmful or offensive manner.

Some crimes often associated with assault and battery include:

  • Battery causing serious bodily injury
  • Domestic battery
  • Sexual battery
  • Battery of a peace officer (e.g., firefighter, EMT, doctor, nurse)

Penalties for Assault and Battery in California

Simple assault or battery is generally charged as a misdemeanor, though some offenses may be “wobblers” that can be charged as either misdemeanors or felonies. Some examples of wobbler assaults are assault against a school district police officer, assault against a custodial officer (e.g., corrections officer), or assault against a juror by a party to the case. Some wobbler batteries include battery against a law enforcement officer while they are performing their duties, battery against a juror by a party to the case, and battery against a public worker, healthcare worker, or school employee while they are performing their duties.

Simple assault will result in:

  • up to 6 months in jail;
  • up to $1,000 in fines;
  • up to 6 months of probation.

Simple battery carries:

  • up to 6 months in county jail;
  • up to $2,000 in fines;
  • up to 6 months in probation.

If charged as a wobbler, assault will carry the following penalties:

  • either 1 year in jail or 16 months, 2 years, or 3 years in county jail or state prison;
  • up to $2,000 in fines;
  • 1-3 years of probation.

Similarly, a wobbler battery offense charged as a felony will result in:

  • 16 months, 2 years, or 3 years in county jail or state prison;
  • up to $2,000 in fines;
  • up to 3 years of probation.

Probation typically involves meeting regularly with a probation officer and complying with the requirements set by the court, such as attending counseling, doing community service, refraining from further arrests or convictions, and even possibly house arrest.

If you’ve been charged with assault or battery in California, the first thing you should do is consult a defense lawyer about your legal options moving forward. Perhaps you have a strong case to fight for a dismissal of an unfair or wrongful accusation, or you have a case for mitigated charges. RLS Criminal Defense can take a deeper look at your case and provide the honest, truthful legal assistance you need to move forward as a defendant.

Contact RLS Criminal Defense to schedule a free initial consultation to get started.

schedule your free initial consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.