Arrested for Assault or Battery in the Inland Empire?

You are booked and held until you post bail or see a judge. If you stay in custody, you must be brought to court for arraignment, usually within 48 hours, not counting Sundays and holidays. At arraignment, the judge reads the charges, takes your plea and rules on bail or release. The judge may also order you to stay away from the alleged victim and witnesses (PC 136.2). The prosecutor can also file charges later if you were released. The sooner we’re involved, the sooner we can start working on your case.

Assault (PC 240) is an unlawful attempt, with the present ability, to use force or violence on someone. No one has to be touched. Battery (PC 242) is actually using force or violence on someone, and the least unlawful touching can be enough, even with no injury or mark. Simple assault carries up to six months in county jail and a $1,000 fine (PC 241(a)), and simple battery up to six months and a $2,000 fine (PC 243(a)). Battery on a spouse, partner, dating partner or the other parent of your child is charged as domestic battery (PC 243(e)(1)), which is covered on our domestic violence page.

It depends mostly on the injury, any weapon and who the alleged victim was. Battery causing serious bodily injury, such as a broken bone, a concussion or a wound needing extensive stitches, can be filed as a misdemeanor or a felony (PC 243(d)). So can assault with a deadly weapon other than a gun, and assault with force likely to cause great bodily injury, even if no one was badly hurt (PC 245(a)(1), (a)(4)). Assault or battery on a police officer, firefighter, EMT or certain other workers doing their jobs carries up to a year in jail, and a battery that injures one can be a felony (PC 241(c), 243(b), (c)).

Not necessarily. Simple assault and battery carry up to six months in county jail, and many first-time misdemeanor cases are resolved with probation, classes or community service instead. As felonies, battery with serious bodily injury carries two, three or four years, usually served in county jail, and assault with a deadly weapon or force likely to cause great bodily injury carries two, three or four years in state prison. In a felony case, personally causing great bodily injury can add three more years, or more if the victim was 70 or older or under five (PC 12022.7). The outcome depends on the facts, any injuries, your record and how the case is handled from the start.

It can be. Felony assault with a deadly weapon or a gun is a serious felony under California’s Three Strikes law, so a conviction counts as a strike (PC 1192.7(c)(31)). So does any felony in which you personally cause great bodily injury or personally use a deadly weapon (PC 1192.7(c)(8), (23)), which is why felony battery with serious bodily injury is often treated as a strike. A great bodily injury finding also makes the crime a violent felony, so you serve at least 85% of a prison sentence (PC 667.5(c)(8), 2933.1). Assault with force likely to cause great bodily injury is not a strike by itself, and a misdemeanor is never a strike.

Self-defense, or defense of someone else, is a complete defense. You are not guilty if you reasonably believed you or another person was about to be hurt or unlawfully touched, you reasonably believed force was needed right then, and you used no more force than was reasonably necessary. You don’t have to retreat first. Once there is evidence of self-defense, the prosecutor must prove beyond a reasonable doubt that you were not acting in self-defense. The rules are stricter if you started the fight or agreed to fight. Video, witness statements and injuries on both sides often decide the issue, so it is important to preserve evidence early.

The prosecutor, not the alleged victim, decides whether to file and pursue charges. But for many misdemeanors, the law allows a civil compromise: if the injured person comes to court before trial and says they have been paid for their losses or otherwise satisfied, the judge may dismiss the case, and it can’t be refiled (PC 1377, 1378). It is not allowed when the alleged victim is a family or household member or partner, in child or elder abuse cases, for offenses against an officer on duty, or for acts done riotously, with intent to commit a felony, or in violation of a protective order. Don’t contact the alleged victim to arrange it yourself; let your lawyer handle it.

No. Politely decline to answer questions and ask for a lawyer. Statements you make to police are often the strongest evidence in the case, even when you think you are explaining self-defense. Don’t contact the alleged victim or witnesses, and don’t discuss the case by text, email, social media or jail phone calls. All of it can be recorded and used. Do write down the names of witnesses, save photos of any injuries you suffered, and tell your lawyer about any video that may exist before it is erased.

It depends on the evidence. Common defenses include:

• Self-defense or defense of another person
• No touching happened, or the contact was accidental
• The injury was not serious enough for the felony charge, or was caused by something else
• The object involved was not a deadly weapon as charged
• Mistaken identity, such as in a crowded fight, or unclear video
• False or exaggerated accusations, or a story that changed over time
• Insufficient evidence to prove the charge beyond a reasonable doubt

We review the police report, surveillance, phone and body camera video, 911 calls, medical records and witness statements to find the weaknesses in the case.

Often, yes. Depending on the evidence, charges may be dismissed, never filed, or reduced, for example from assault with a deadly weapon to simple assault. A felony charge under PC 243(d), 245(a)(1) or 245(a)(4) can often be reduced to a misdemeanor (PC 17(b)). Some misdemeanor cases may be eligible for judge-granted diversion, which ends in dismissal (PC 1001.95). If you complete probation, you may be able to have the conviction dismissed under PC 1203.4, but that does not restore gun rights. For non-citizens, an assault conviction can carry serious immigration consequences, so talk to us before entering any plea.