Criminal Defense
Assault & Battery Defense in Los Angeles & Ventura Counties
Assault and battery charges in California range from misdemeanors to serious felonies. Victoria Vertner examines the full circumstances — including self-defense and defense of others claims, alongside witness credibility — to build the strongest possible defense.
What Is the Difference Between Assault and Battery in California?
Assault (Penal Code 240) is an unlawful attempt to commit a violent injury on another person — no physical contact is required. Battery (Penal Code 242) is the actual willful and unlawful use of force or violence against another person.
- Simple assault (PC 240) — charged as a misdemeanor
- Assault with a deadly weapon (PC 245(a)(1)) — charged as a felony
- Simple battery (PC 242) — charged as a misdemeanor
- Battery causing serious bodily injury (PC 243(d)) — can be charged as a misdemeanor or a felony
- Assault on a peace officer (PC 241(c)) — carries enhanced penalties
Common Defenses to Assault & Battery Charges
- Self-defense or defense of others — you reasonably believed you or someone else was in imminent danger
- Mistaken identity — witnesses or victims identified the wrong person
- Lack of intent — the contact was accidental, not willful
- False accusations — motivated by revenge, custody disputes, or other ulterior motives
- Consent — the alleged victim consented to the physical contact (e.g., mutual combat)
Charged with Assault or Battery? Don't Wait.
Early intervention can make a critical difference. Contact Victoria for a free consultation.