Los Angeles Assault and Battery Lawyers

Assault and battery are classified as violent crimes that include threatening harm or causing real harm or injury to another person. Assault is the act of placing fear of immediate physical harm in another. As an example, a person would typically face assault charges for pointing a gun or a weapon at someone else. The action must be believable, and the degree of assault will depend on the laws in your jurisdiction. Battery is intentional physical contact that is harmful, offensive, or unexcused. An example of a battery would be punching someone or touching them in a harmful or offensive way, without their permission.

Hart J. Levin is one of the most well-respected criminal defense lawyers in Los Angeles, having handled more than 400 assault and battery cases alone. As former prosecutors, we know how to minimize charges and keep you out of jail so that you can get back to your life. Many assault or battery cases can be dismissed if we get on board quickly and build a defense strategy.

Los Angeles Classification of Assault and Battery

How a judge determines the punishment depends on the details surrounding the incident. Penalties for assault and battery include prison time, fines, and monetary damages. Also, assault or battery charges are oftentimes filed as felony strikes by the Los Angeles District Attorney’s Office. Strikes can have devastating consequences to one’s future as they follow you forever. Our assault and battery lawyers and domestic violence lawyers in Los Angeles handle your case personally and build a customized and unique defense for your particular case and needs. You will not only receive a law firm fighting for your current case, but we also examine any previous convictions in an attempt to expunge them from your record.

Levels of assault and battery under California’s Penal Code are:

California Penal Code Section 240: Simple Assault

Simple Assault is an intentional act that instills fear of imminent battery. Simple assault may also entail an unsuccessful attempt to harm another person. Example: Throwing a punch at someone but missing them.

California Penal Code Section 245: Assault With a Deadly Weapon

Aggravated Assault (felony) is an assault with a deadly weapon involving a clear intent to commit serious bodily injury to another. Example: Aiming a gun at someone.

California Penal Code Section 242: Battery

Battery, referring to simple battery, is any willful and unlawful use of force or violence on another person. Example: Punching someone

California Penal Code Section 243(d): Aggravated Battery

Aggravated Battery is the result of severe bodily injuries or the use of a weapon. This crime is sometimes called a “wobbler” because it can be a misdemeanor or a felony. Example: You hit someone in the face and break their nose.

Criminal assault and battery charges can be closely related to charges of murder, manslaughter, negligent homicide, domestic abuse, child abandonment, rape, robbery, kidnapping, and stalking. 

The criminal penalties vary depending on the person the assault and battery were committed upon and how that person was harmed. There are always two sides to the story.

We will magnify every flaw in their evidence and find any weaknesses in how law enforcement has handled your case. We also look closely to see if the alleged victim is telling the truth or has a motive to lie to create false or exaggerated criminal charges.

Penalties for Assault and Battery

If convicted of any of these crimes, the penalties may vary due to the gravity of the crime:

  • Simple Assault- Simple assault is considered a misdemeanor. Penalties and punishment can increase depending on who the victim is. Simple assault is a fine not exceeding one thousand dollars ($1,000) and/or by imprisonment in the county jail not exceeding six months.
  • Aggravated Assault with a Deadly Weapon- Assault with a deadly weapon or instrument other than a firearm shall be punished by prison for two, three, or four years and/or in county jail and/or a fine not exceeding ten thousand dollars ($10,000). Penalties can be more severe, depending on the weapon.
  • Battery- Battery is punishable by six months in county jail and/or a fine of up to two thousand dollars ($2,000).
  • Aggravated Battery- Aggravated battery is a punishable felony by up to three years in jail. This may be in a county jail or state prison and a fine of two thousand ($2,000), up to ten thousand dollars ($10,000). The punishment can also include possible probation and/or restitution to the victim(s).
  • Three Strikes Law- The law increases the prison sentences for a person convicted of a felony who has been previously convicted of two or more violent crimes or felonies. This limits leeway in assessing the punishment and subjects the defendant to mandatory life in prison.

Los Angeles Assault and Battery Defense

The Law Offices of Hart J. Levin will put together the best defense to prove your innocence. Our defense strategies come from understanding the inner workings and policies of the prosecutor’s office. The district attorney sets out to convict the maximum number of defendants at the highest penalty. Receiving inside knowledge from former prosecutors like our attorneys will significantly strengthen your case and increase your chances of beating the case and avoiding a conviction.

Defenses for Assault and Battery:

  • Self-defense and/or defense of another
  • Inability to commit the crime
  • Necessity
  • Insanity
  • False accusation
  • Entrapment

If you have been charged with assault and battery, the Law Offices of Hart J. Levin will get you the results you deserve, which may be the difference in whether you go to jail or go home. We have a long track record of success with these types of cases. More than 94% of our clients receive no jail time.

Contact The Best Defense Attorneys for Assault and Battery in Los Angeles

The Law Offices of Hart J. Levin are widely known for our success rate of over 4,200 cases in criminal defense. Our investigators are ready 24 hours a day to collect evidence and build the strongest case in your defense. Hire the best representation when your life is on the line. Contact our assault and battery lawyers at (310) 935-3100 for your free consultation.

Request Consultation
Contact Us

Assault and Battery Attorneys in Los Angeles, CA

Highly-Rated Assault and Battery Lawyers in LA