Assault & Battery Defense in Sacramento

What Are Assault & Battery Charges?

In California, assault and battery are two distinct crimes:

  • Assault usually means an attempt or threat to injure someone—in other words, putting someone in reasonable fear of imminent harm.
  • Battery involves actual contact—unwanted touching or harm—that’s intentional and harmful or offensive.

These charges may be filed as misdemeanors or felonies, depending on factors such as:

  • Use of a weapon
  • Extent of injury
  • Victim type (e.g., police officer, spouse)

Penalties range from up to 1 year in jail for misdemeanors to several years in state prison for felony charges.

Why Choose Us for Assault & Battery Defense?

  • Former prosecutors who understand how the District Attorney builds assault and battery cases 
  • Trial‑tested aggressive advocates, experienced negotiating plea deals or litigating through jury trial 
  • Tailored case strategies, not generic approaches — focused on navigating local courts in California counties like Sacramento, Folsom, Oakland, Los Angeles.

Common Defenses in Assault & Battery Cases

1. Self‑Defense or Defense of Others

Arguing you acted to protect yourself or another person from immediate harm. The use of force must be reasonable and proportionate.

2. Defense of Property

Limited force may be justified to protect property, but deadly force is not allowed.

3. Consent

In some cases—like sports or mutually consensual contacts—defendants assert there was no criminal intent.

4. Lack of Intent or Mistaken Identity

Showing the contact was accidental, or you were misidentified.

5. Unlawful Police Conduct (e.g., illegal search, coerced confession)

We may file motions to suppress evidence or dismiss charges if law enforcement violated your rights

What You Can Expect: Defense Strategy at Work

Early Investigation & Case Evaluation

We immediately review arrest reports, medical records, 911 transcripts, police body‑cam footage, and witness statements.

Pre‑Filing Intervention or Dismissal

If the case hasn’t yet been filed, our team may negotiate with law enforcement to prevent charges altogether—leveraging credibility as ex‑prosecutors to persuade review officers 

Plea Negotiation or Sentencing Alternatives

We explore opportunities for charge reductions or diversion programs when applicable.

Trial Preparation

If negotiated resolutions fail, we rigorously prepare for trial, using suppression motions, challenging PC § 245 enhancements, and emphasizing character, lack of prior record, or mitigating factors.

Possible Outcomes

  • Case dismissed or charges reduced
  • Probation or diversion programs instead of jail
  • Acquittal at trial
  • Repairing or sealing your record after resolution, where eligible

What Sets Us Apart

  • Client‑First Communication: Clear, honest updates every step of the way.
  • Results‑Driven Advocacy: Documented outcomes in assault & battery matters in Northern and Southern California courts
  • Multilingual Support: Legal guidance available in English and Spanish, with cultural sensitivity.

FAQ: Top Assault & Battery Questions

Question Answer
Can I lose my right to own a firearm? Yes. A misdemeanor battery conviction can trigger a permanent firearms prohibition under federal and state law.
Can the case be dismissed if the victim doesn’t cooperate? Sometimes. Uncooperative or inconsistent victim testimony can weaken the prosecution’s case significantly.
Does prior criminal history make things worse? Yes. Prior convictions, especially for violent offenses, can raise sentencing exposure.
Should I talk to police? No. You have the right to remain silent and consult an attorney immediately.

Take Action Today

Don’t let assault and battery charges derail your life:
👉 Schedule a free, confidential consultation now.
📞 Call us at 916-827-1529 or complete the secure online form.
📍 Serving Sacramento and surrounding areas across California.