Assault and Battery Lawyer in California

Judge with a gavel in a assault and battery case in a California court

Assault and Battery Lawyer in California:

Trusted Advocates for Assault and Battery Charges in California

If you've been arrested or are under investigation for assault or battery in California, you need skilled legal representation — immediately. These serious charges can carry life-altering consequences, even for first-time offenders. Our experienced California assault and battery defense attorneys are ready to fight for your rights and deliver the strongest possible defense strategy tailored to your specific situation.

What Is the Difference Between Assault and Battery in California?

In California law, assault and battery are distinct criminal offenses, though they're often confused:

Assault (Penal Code 240): An unlawful attempt, coupled with present ability, to commit a violent injury on another person.
Battery (Penal Code 242): The actual willful and unlawful use of force or violence against another person.

It's important to understand that you can be charged with assault even if no physical contact occurred — simply attempting to harm someone or acting in a threatening manner may be sufficient for charges.

Schedule Your Free Consultation With Our California Assault and Battery Lawyers Today

Don't let one accusation define your future. Our experienced assault and battery defense team is ready to provide clarity, support, and aggressive legal representation when you need it most.

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📍 Convenient office locations throughout California
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Only a select few pass Tito's requirements to represpent you.

50+
Billions Won
Decades of proven success fighting for our hispanic community’s rights
40+
Years
A relentless legacy of defending and winning for Hispanic families.
1600
Attorneys
Only a select few pass Tito's requirements to represpent you.

From your first call to the final settlement, we're with you every step of the way

Free initial consultation in Spanish with no obligation

Immediate Legal Help, 24/7 – Accidents don't wait for business hours, and neither do we

Direct communication with highly experienced lawyers who specialize in car accidents, truck collisions

Assistance with medical treatment coordination

Help collecting evidence and building your case

Regular updates on your case progress

Support with insurance communications

Transparent information about all legal options

Common Types of Assault and Battery Charges in California

Simple Assault (Penal Code 240)

A misdemeanor offense involving an attempted attack without actual contact. Penalties include up to 6 months in county jail and fines up to $1,000.

Simple Battery (Penal Code 242)

Involves actual physical contact, even if minimal. Penalties include up to 6 months in jail and fines up to $2,000.

Aggravated Assault or Battery

These felony-level charges apply when weapons are involved or serious bodily injury occurs. Penalties are substantially more severe, including state prison sentences of up to 4 years or more.

Battery Against Protected Persons

Enhanced penalties apply when the alleged victim belongs to certain protected categories, including:

Law enforcement officers
Healthcare providers
Emergency responders
Domestic partners or family members

Sexual Battery

This offense is charged under separate penal codes and involves non-consensual touching of intimate parts. These charges often carry sex offender registration requirements upon conviction.

What Are the Penalties for Assault and Battery in California?

How long do you go to jail for battery in California?

The potential jail time for battery charges in California varies based on the specific circumstances:

Simple battery (misdemeanor): Up to 6 months in county jail
Battery causing injury (misdemeanor with enhancement): Up to 1 year in county jail
Aggravated battery (felony): Up to 4 years in state prison

What makes battery a felony in California?

A battery charge becomes a felony in California when any of these factors are present:

The incident resulted in serious bodily harm
A weapon was used during the offense
The victim belongs to certain protected categories (police officers, healthcare workers, etc.)
The defendant has a prior criminal history of violence

Can battery charges be dropped in California?

Yes, battery charges can be dropped, but this decision typically rests with the prosecutor—not the victim. Your assault and battery lawyer can work strategically to:

Demonstrate insufficient evidence
Identify procedural errors
Advocate for pretrial diversion programs
Negotiate for reduced charges based on mitigating circumstances

Simple Assault (Penal Code 240)

A misdemeanor offense involving an attempted attack without actual contact. Penalties include up to 6 months in county jail and fines up to $1,000.

Simple Battery (Penal Code 242)

Involves actual physical contact, even if minimal. Penalties include up to 6 months in jail and fines up to $2,000.

Aggravated Assault or Battery

These felony-level charges apply when weapons are involved or serious bodily injury occurs. Penalties are substantially more severe, including state prison sentences of up to 4 years or more.

Battery Against Protected Persons

Enhanced penalties apply when the alleged victim belongs to certain protected categories, including:

Law enforcement officers
Healthcare providers
Emergency responders
Domestic partners or family members

Sexual Battery

This offense is charged under separate penal codes and involves non-consensual touching of intimate parts. These charges often carry sex offender registration requirements upon conviction.

What Are the Penalties for Assault and Battery in California?

How long do you go to jail for battery in California?

The potential jail time for battery charges in California varies based on the specific circumstances:

Simple battery (misdemeanor): Up to 6 months in county jail
Battery causing injury (misdemeanor with enhancement): Up to 1 year in county jail
Aggravated battery (felony): Up to 4 years in state prison

What makes battery a felony in California?

A battery charge becomes a felony in California when any of these factors are present:

The incident resulted in serious bodily harm
A weapon was used during the offense
The victim belongs to certain protected categories (police officers, healthcare workers, etc.)
The defendant has a prior criminal history of violence

Can battery charges be dropped in California?

Yes, battery charges can be dropped, but this decision typically rests with the prosecutor—not the victim. Your assault and battery lawyer can work strategically to:

Demonstrate insufficient evidence
Identify procedural errors
Advocate for pretrial diversion programs
Negotiate for reduced charges based on mitigating circumstances

Serving Hispanic Communities Across California

At TITOparaTI, we proudly serve Hispanic communities across California, offering trusted legal representation for accident victims. With over 40 years of experience, our dedicated team has fought for justice and secured over $50 billion in settlements for our clients. Whether you’ve been injured in a car accident, slip and fall, or any other personal injury case, we’re here to protect your rights and fight for the compensation you deserve. We understand the unique challenges faced by the Hispanic community, and we’re committed to providing compassionate, effective legal support every step of the way.

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What TITOparaTI Will Do for You

Tito can personally recommend top litigating attorneys in California - attorneys who meet every standard in this guide, who have the resources to fully invest in your case, and who will fight to ensure you receive the maximum compensation you are entitled by law.

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Frequently Asked Questions

Do You Need to Prove Injury in a Battery Case?

Is It Worth Pressing Charges for Assault?

Tito Alvarez is not an attorney. Tito para Ti does not provide legal advice. All attorney - client relationships are established directly with the law firm, not with Tito Para Ti.

Contact

909.909.9090

help@titoparati.com

Tito Alvarez is not an attorney. Tito para Ti does not provide legal advice. All attorney - client relationships are established directly with the law firm, not with Tito Para Ti.

Contact

909.909.9090

help@titoparati.com

Tito Alvarez is not an attorney. Tito para Ti does not provide legal advice. All attorney - client relationships are established directly with the law firm, not with Tito Para Ti.

Contact

909.909.9090

help@titoparati.com

Tito Alvarez is not an attorney. Tito para Ti does not provide legal advice. All attorney - client relationships are established directly with the law firm, not with Tito Para Ti.

Contact

909.909.9090

help@titoparati.com

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