Experienced Criminal Defense Attorneys Dedicated to Helping Clients Facing Assault Charges in North Hollywood and the Los Angeles Area

In the simplest of terms, an assault is a criminal offense that involves the attempted violent injury of another person. One of the things that people often misunderstand is that an individual can be charged with assault for merely attempting to use force against an alleged victim.

You could be charged with simple assault even if you did not make physical contact with the other person. 

One of the most legally complex aspects of assault charges in California is the intent to cause harm. Ultimately, the accused does not necessarily have to intentionally hurt another person to be guilty of assault. To be guilty of assault in California, the accused merely needs to have basic awareness that their acts could reasonably harm another person.

Many assault cases involve acts of violence or force between two people who are familiar with one another; however, there are also assault and battery cases between strangers, such as altercations that transpire on the sidewalks or streets.

If you are placed under arrest and charged with assault, you must understand the critical nature of these legal matters and the severe consequences that could come with a criminal battery conviction.

Our law firm has extensive experience representing clients in various criminal defense cases, including assault, battery, and domestic violence allegations.

As your legal representation, we will conduct a thorough investigation, gather relevant evidence to support your case, and develop a customized criminal defense strategy to protect your reputation and minimize the risk of jail or state prison time.

To defend your rights, your life, your freedom, and your future, please contact our North Hollywood law office to request a free, no-obligation case evaluation today.

What Are Common Examples of Assault and Battery Criminal Cases?

Assault cases can cover a multitude of different acts and associated injuries that could befall the victims.

Common types of assault cases in Los Angeles County include the following:

• Bar fights

• Shoving or forcefully pushing another person

• Intentionally tripping another individual

• Sexual assault and rape

• Hitting, punching, kicking, or otherwise striking another person

• Domestic violence allegations

• And more

Assault charges are often associated with other types of criminal offenses. Examples of criminal charges that can be tied to an assault case include battery, assault with a deadly weapon, battery of a police officer, sexual battery, domestic battery, and aggravated battery.

You may be charged with aggravated battery if you commit an act of violence against another person that causes serious bodily injury. California law defines serious bodily injuries as severe impairments of an individual’s physical condition, which can include concussions, disfigurement, loss of bodily function, broken bones, and knocking out the other person.

What Are the Differences Between Assault and Battery Criminal Charges?

Legally speaking, assault and battery are separate charges; however, they are often issued in conjunction with each other. Assault is the criminal act of attempting to harm someone physically or making them believe they are in imminent physical danger, whether or not the act is completed. Battery is the use of force against someone to cause physical harm.

Thus, it is rare to be charged with one and not the other. Assault can be considered a misdemeanor or a felony, depending on the severity of the alleged offense. 

How Does California Law Define Aggravated Assault and Battery?

Assault and battery charges take a more serious turn when they involve dangerous or deadly weapons. Such cases, as any experienced assault and battery lawyer would attest, get upgraded to felony charges. They are then termed as “aggravated.”

Factors that can elevate a case to the aggravated status include using weapons or attempting other felonies like rape or murder.

Aggravated assaults and batteries can lead to long-term imprisonment, and it’s vital to have an assault attorney for any assault case in Los Angeles to make sure that you understand what legal options you may or may not have.

How Do Restraining Orders Relate to Assault and Battery Cases in Los Angeles County?

When it comes to cases of assault and battery, restraining orders serve as a protective tool for those who feel threatened. Often, when someone seeks the knowledge of an assault and battery lawyer, they may also inquire about obtaining or contesting a protective restraining order.

Restraining orders are relatively easy to obtain in California, and the legal system, in many instances, seems to favor the “injured party.” More often than not, the scales lean heavily in favor of the petitioner, giving them an inherent advantage that can be daunting for the accused.

Although in theory the onus of proving the injury lies with the person requesting the restraining order, experienced assault attorneys in Los Angeles like Wegman & Levin know that the reality can be more complex. Please reach out to us about your specific battery case so we can provide advice tailored to your unique situation.

Restraining orders can be categorized into several types based on the nature and context of the threat:

• Civil Harassment Order: Generally sought when disputes arise between neighbors, roommates, or more distant family members

• Workplace Violence Restraining Order: Employers can apply for these to protect an employee who has been a victim of violence or a credible threat of violence at the workplace

• Domestic Violence Restraining Order: Pertinent in scenarios where the threat or act of violence comes from a spouse, ex-spouse, cohabitant, or someone closely related by blood or marriage

• Elder or Dependent Adult Abuse Restraining Order: Tailored to protect senior citizens or dependent adults from physical abuse, neglect, or financial exploitation

• Family Law Protective Orders: These are typically associated with family law cases, particularly during contentious divorces or custody battles

• Criminal Protective Orders: Typically issued in criminal cases, particularly when the defendant poses a threat to the victim

Understanding the nuances of each type of restraining order is crucial, and this is where seeking the experience and knowledge of a California assault and battery lawyer is vital.

In general, restraining orders in California have a validity of three years. If not contested, the implications of such an order can be severe for the respondent. For instance, owning or purchasing firearms becomes prohibited, and specific geographical restrictions are imposed concerning the protected individual.

The respondent will likely be required to maintain a prescribed distance from the protected person and risk being criminally charged if the protected person files a complaint, regardless of its veracity.

It is imperative to have a pragmatic, highly experienced assault attorney in Los Angeles by your side, particularly if you are navigating the intricacies of assault and battery charges in conjunction with a restraining order.

What is Involved in Civil Cases Concerning Assault Accusations?

In civil courts, assault and battery accusations are intentional torts. These cases require plaintiffs to prove that the defendants intentionally caused harm.

While criminal courts require prosecutors to prove guilt beyond a reasonable doubt, civil courts only require a preponderance of evidence to find a defendant guilty of the charges. While the bar for proving guilt is lower in civil cases, that does not mean that proving intent is a straightforward process.

Under California law, a victim can recover damages for medical expenses, psychological treatment, lost wages or income-earning capacity, and pain and suffering compensation.

If you are in a civil case, you must seek professional legal representation to defend you against the accusations made against you. While a civil case may not result in jail time for the defendant, it can severely harm your reputation, drain your bank account, and come with other potential consequences.

Civil cases involving assault and battery often run parallel to criminal proceedings, but they serve different purposes. While criminal cases focus on punishing the offender and protecting the public, civil lawsuits primarily aim to compensate the victim for losses suffered due to the defendant’s actions.

In civil court, the plaintiff—often the alleged victim or “battery victim”—may file a battery claim to seek monetary compensation for damages such as medical bills, lost wages, and emotional trauma. These personal injury cases can be complex, requiring a thorough investigation of the circumstances surrounding the alleged incident.

It is important to understand that the standards of proof differ between criminal and civil courts. In civil cases, the plaintiff must demonstrate that it is more likely than not that the defendant committed the intentional act causing harmful or offensive contact. This lower threshold means that even if a defendant is acquitted in criminal court, they can still be held liable in a civil lawsuit.

Defendants in civil battery cases should be aware that the consequences, while not involving jail time, can include hefty fines, court costs, and long-term financial obligations. The reputational damage from a civil battery claim can also affect personal and professional relationships.

Both plaintiffs and defendants benefit from having experienced battery attorneys who understand the nuances of civil litigation. A battery defense attorney can help gather all the evidence necessary to build a strong case, whether to prove liability or to defend against unfounded accusations.

Given the complexity of these cases and the potential for significant financial and emotional impact, securing the right legal representation is crucial during this challenging time.

What Are Potential Strategies That Your Criminal Defense Lawyer May Explore for Your Assault Case?

Depending on the facts of your case, your battery defense attorneys may explore various legal options to defend your rights and reduce the chances of lengthy prison sentences. We cannot necessarily provide a definite answer as to what sort of defense strategy is most suitable for your criminal case without first speaking to you about your alleged crime during your initial consultation. 

That said, many criminal defense strategies may be helpful in your case to help keep you out of county jail or state prison.

Examples of common legal defenses against assault and battery include the following:

• All allegations of assault and battery are false

• The defendant acted in self-defense or in the defense of another person

• Mistaken identity

• The injury was caused by an accident or human error

• There was no criminal intent to commit assault or cause harm

• The accused lacked the ability to injure another person using physical force

• Constitutional violations were committed during the arrest, such as illegal searches, coerced statements, and violations of civil rights

• And more

What Penalties Could a Defendant Face if Convicted of Assault and Battery Charges in Southern California?

Depending on the severity of the alleged crime, your assault charges could result in felony or misdemeanor cases. Felonies are reserved for assault and battery instances that were more severe, whereas misdemeanors are for simple assault and other lesser examples of assault.

Potential penalties and long-term consequences of an assault conviction can include the following in California:

• Mandatory anger management classes or attendance in intervention courses for batterers

• County jail or state prison time, which can vary in length dramatically depending on the alleged crimes

• Probation or parole orders that can be strict and often come with protective stay-away orders

• Costly legal fines, including restitution to the victims

• The loss of firearm rights under state and federal laws

• Potential consequences for immigrants, including the denial of naturalization or even removal from the country

• Loss of professional licenses for doctors, teachers, nurses, and others

• A permanent criminal record, which will show up in background checks conducted by schools, landlords, employers, and the government

Contact Our Law Firm to Request a Free Consultation with Our North Hollywood Assault Lawyers Today

Those accused of assault and battery, as well as any other charges that may be tied to the alleged offenses, must seek representation from an experienced criminal law team to defend their legal rights. Our law firm has extensive experience and can represent your interests in negotiations with prosecutors, as well as in trial settings before a judge and jury.

Wegman & Levin provides legal counsel to clients facing criminal assault and battery charges in North Hollywood, Burbank, Los Angeles County, and throughout Southern California. 

Contact our office today at to speak to our dedicated assault and battery lawyers.