In California, you can be charged with assault without ever making physical contact with another person. A threatening gesture, a raised fist, or a single aggressive move toward another person can result in an assault charge if the alleged victim believed they were in imminent danger. If you have been arrested for assault or battery in North Hollywood, Burbank, or anywhere in Los Angeles County, the decisions you make in the hours after your arrest will shape the outcome of your case.

At Wegman & Levin APC, our assault defense attorneys have decades of combined experience defending clients against simple assault, aggravated assault, battery, and assault with a deadly weapon charges in California state courts. Contact us today at 818-495-8330 to schedule a free, confidential consultation.

Assault and Battery Defense in North Hollywood

Our law firm has extensive experience representing clients facing assault, battery, and domestic violence allegations throughout Los Angeles County. As your legal representation, we will conduct a thorough investigation, gather relevant evidence, and develop a defense strategy tailored to the specific facts of your case. Our goal is to protect your reputation, your freedom, and your future — whether that means negotiating for reduced charges, pursuing a dismissal, or representing you at trial.

Assault vs. Battery: Key Legal Differences in California

Assault and battery are separate criminal charges under California law, though they are frequently filed together and are often confused with one another.

Assault (PC 240) is the unlawful attempt to commit a violent injury on another person, combined with the present ability to carry out that act. No physical contact is required — you can be convicted of assault in California even if you never touched the alleged victim. The prosecution only needs to prove that you willfully attempted to apply force and had the present ability to do so.

Battery (PC 242) is the willful and unlawful use of force or violence against another person. Unlike assault, battery requires that physical contact occurred — but that contact does not have to cause pain or visible injury to qualify under California law.

Because assault is the attempt and battery is the completed act, the two charges are commonly filed together. It is possible to be charged with one and not the other, depending on the circumstances of your case. An experienced assault attorney can evaluate the specific facts against you and identify how each charge applies.

Common Types of Assault and Battery Charges in Los Angeles County

Assault and battery cases in Los Angeles County cover a wide range of conduct and can involve both strangers and people who know each other well. Common examples include:

• Shoving or forcefully pushing another person
• Intentionally tripping another individual
• Hitting, punching, kicking, or otherwise striking another person
• Domestic violence allegations involving a partner, spouse, or family member

Assault charges are frequently associated with related criminal offenses, including assault with a deadly weapon, battery of a police officer, sexual battery, domestic battery, and aggravated battery causing serious bodily injury. When assault is charged alongside other offenses, the combined penalties can be significantly more severe. Our assault attorneys represent clients across all of these charge types throughout Los Angeles County.

Aggravated Assault and Assault with a Deadly Weapon (PC 245)

When an assault involves a firearm or other deadly weapon, or when the force used is likely to produce great bodily injury, California law elevates the charge to aggravated assault. These charges carry substantially harsher penalties than simple assault or battery.

Assault with a Deadly Weapon (PC 245(a)(1)) is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the severity of the conduct, the weapon involved, and the defendant’s criminal history. As a felony, ADW carries 2, 3, or 4 years in state prison.

Factors that can elevate a charge to aggravated status include the use of a firearm or knife, the infliction of serious bodily injury, prior criminal history, and whether the assault was committed in connection with another felony such as robbery. An assault attorney is essential in these cases to challenge the prosecution’s characterization of the conduct and the evidence supporting the enhancement.

Restraining Orders and Assault Charges in Los Angeles County

Restraining orders are frequently sought and issued in connection with assault and battery cases. In many instances, an emergency protective order is issued at the moment of arrest, before any criminal case has been filed. California courts have broad authority to impose immediate restrictions on where you can live, travel, and communicate — and violating those restrictions is a separate criminal offense.

Restraining orders in assault cases fall into several categories:

• Criminal Protective Orders: Issued by a criminal court during an active assault or battery prosecution, typically requiring the defendant to stay away from and have no contact with the alleged victim
• Domestic Violence Restraining Orders: Sought when the alleged assault involves a spouse, former partner, cohabitant, or close family member
• Civil Harassment Orders: Filed when the parties do not have a qualifying domestic relationship, such as neighbors, roommates, or coworkers
• Workplace Violence Restraining Orders: Applied for by employers to protect employees who have been threatened or assaulted in a work context
• Elder or Dependent Adult Abuse Restraining Orders: Designed to protect senior citizens or dependent adults from physical abuse or exploitation

Restraining orders in California typically remain in effect for up to three years. The legal system in California often favors the petitioner in restraining order hearings, making it critical to have experienced assault attorneys by your side to contest an order or negotiate its terms. If you have been served with a restraining order in connection with an assault case, contact our office immediately.

Assault Defense Strategies We Use

No two assault cases are identical. Our criminal defense attorneys build individualized strategies based on the specific evidence, witnesses, and circumstances of each case. Common defenses we employ include:

• False allegations: We thoroughly investigate the credibility, background, and motivations of the alleged victim and any witnesses to challenge the accuracy of the accusations made against you
• Self-defense or defense of others: California law permits the use of reasonable force to protect yourself or another person from imminent harm. We evaluate whether self-defense applies and build the evidence to support it
• Lack of criminal intent: Assault in California requires willful conduct. If the act was accidental or the result of a misunderstanding, the prosecution cannot prove the required mental state for a conviction
• Inability to carry out the act: Assault requires the present ability to apply force at the time of the alleged conduct. If that ability was absent, the charge cannot stand
• Constitutional violations: If your rights were violated during the arrest — through an illegal search, coerced statements, or improper interrogation — we will move to suppress any evidence obtained as a result

Assault and Battery Penalties in California

The penalties for an assault or battery conviction in California depend on the specific charge, the severity of the conduct, the victim involved, and whether weapons were used. Here is a breakdown by charge:

Simple Assault (PC 240): Misdemeanor — up to 6 months in county jail and a fine of up to $1,000.

Simple Battery (PC 242): Misdemeanor — up to 6 months in county jail and a fine of up to $2,000.

Assault with a Deadly Weapon (PC 245(a)(1)): Wobbler. As a misdemeanor, up to 1 year in county jail. As a felony, 2, 3, or 4 years in state prison.

Aggravated Battery Causing Serious Bodily Injury (PC 243(d)): Wobbler. As a misdemeanor, up to 1 year in county jail. As a felony, 2, 3, or 4 years in state prison.

Battery on a Peace Officer with Injury (PC 243(c)(2)): Felony — 16 months, 2, or 3 years in state prison.

Beyond jail or prison time, a conviction for assault or battery can result in mandatory anger management or batterer’s intervention programs, probation with strict stay-away orders, costly fines and victim restitution, loss of firearm rights under state and federal law, immigration consequences including deportation or denial of naturalization, loss of professional licenses for doctors, nurses, teachers, and others, and a permanent criminal record that will appear on every background check conducted by employers, landlords, schools, and government agencies.

How an Assault Conviction Can Affect Child Custody in California

One of the most significant non-criminal consequences of an assault conviction is its impact on child custody. California family courts are required by law to consider any history of domestic violence or assault when making custody determinations. An active criminal case — even before any conviction — can result in supervised visitation, restricted custody arrangements, or in serious cases, a complete loss of physical custody.

If your assault case involves a co-parent or domestic partner and you share children, you need legal representation that understands both the criminal defense and the family law implications of your situation. Contact our office to discuss how we can help protect your parental rights alongside your criminal defense.

Civil vs. Criminal Assault Cases in California

In addition to criminal prosecution, an alleged assault victim may file a separate civil lawsuit seeking monetary compensation for medical expenses, lost wages, and pain and suffering. The standard of proof in civil court is lower than in criminal court — a preponderance of the evidence rather than beyond a reasonable doubt — meaning you can be found liable in a civil case even after an acquittal in criminal court. If you are facing both criminal charges and a civil claim arising from the same incident, our attorneys can coordinate your defense across both proceedings.

Frequently Asked Questions About Assault Charges in California

What is the difference between assault and battery in California?

Assault (PC 240) is the attempt to apply unlawful force against another person, even without physical contact. Battery (PC 242) is the actual unlawful use of force or violence against another person. You can be charged with assault without touching anyone, but battery requires that physical contact occurred. The two charges are frequently filed together but carry distinct legal elements that must each be proven by the prosecution.

Is assault a felony or misdemeanor in California?

It depends on the specific charge. Simple assault (PC 240) and simple battery (PC 242) are misdemeanors. Assault with a deadly weapon (PC 245) and aggravated battery causing serious bodily injury (PC 243(d)) are wobblers — they can be charged as either a misdemeanor or a felony depending on the facts and your criminal history. Battery on a peace officer resulting in injury is always a felony.

Can assault charges be dropped in California?

Yes. Assault charges can be dismissed or reduced when the evidence against you is insufficient, when witnesses prove unreliable or recant, when constitutional violations occurred during your arrest, or when the prosecution determines it cannot prove the required criminal intent. An experienced assault lawyer can evaluate the facts of your case and identify the strongest path toward a dismissal or reduction in charges.

How does an assault conviction affect child custody in California?

California family courts are required to consider any history of domestic violence or assault when making custody decisions. An assault conviction — or even an active criminal case — can lead to supervised visitation, restricted custody, or loss of physical custody. If you share children with the alleged victim, it is critical to have an attorney who can protect both your criminal defense and your parental rights at the same time.

What is assault with a deadly weapon (PC 245) in California?

Assault with a deadly weapon (ADW) under Penal Code 245 is committing an assault with a deadly weapon or by means of force likely to produce great bodily injury. It is a wobbler offense that can be charged as a misdemeanor or a felony. A felony ADW conviction carries 2, 3, or 4 years in state prison. The “deadly weapon” does not have to be a firearm — any object used in a way capable of causing death or great bodily injury can qualify, including a car, a bat, or a bottle.

Contact a North Hollywood Assault Lawyer

Assault and battery charges in California carry serious long-term consequences — for your freedom, your family, your career, and your reputation. Before you speak to law enforcement, accept a plea offer, or appear in court without representation, speak with an experienced assault lawyer at Wegman & Levin APC.

We represent clients facing assault and battery charges in North Hollywood, Burbank, Van Nuys, Studio City, and throughout Los Angeles County. Call us today at 818-495-8330 or contact us online to schedule your free, confidential consultation.