Assault and Battery

San Diego Assault and Battery Defense Lawyers

People seldom understand the laws pertaining to assault and battery charges. For example, few realize that, even if there was no actual physical contact, you can still be charged for an assault.

The lawyers of San Diego Criminal Defense can help you understand the law and vigorously defend you from assault and battery charges. We offer free confidential consultations to any prospective clients charged with serious crimes in San Diego County. Contact us.

Assault and Battery Defined

A battery (Penal Code '243) is, essentially, the “willful use of force or violence upon another.” This means any physical contact with another person to which that other person has not consented. An assault (Penal Code '240) is basically an attempt at a battery. The terms assault and battery often go together, but not always.

There are several different types of assault and battery charges in California law:

  • Simple Battery (PC 242)
  • Sexual Battery (PC 243.4) (See also Sex Crimes )
  • Assault with Deadly Weapon (PC 245) If Great Bodily Injury (GBI) is charged, the crime is elevated to a “Strike.”
  • Battery on a Spouse or Girlfriend/Boyfriend (PC 273.5) (Also known as Domestic Violence )

Defenses against Assault and Battery Charges

Attorney Timothy J. Richardson has successfully represented many people charged with assault and battery. After examining your case, he can propose many different types of defense, including:

  • Lack of intent, such as an accident. The crime of battery requires that the defendant actually intended to commit a ‘willful and unlawful use of force or violence upon the person of another.’ If the injuries were made by accident, it does not qualify.
  • Self defense. It is not assault and battery if you were simply defending yourself from an attack.
  • Defense of other people or defense of property. Similarly, it does not qualify as battery if the physical contact were made against someone trying to attack other people or property.

An important factor in any assault and battery defense is the extent of the injury. If the alleged victim has slight or no injury, it most often is charged as a misdemeanor. If significant injury occurs, such as cuts requiring stitches or broken bones, then the offense is charged as a felony. In some cases, the offense may be charged as a strike under California's "three strikes" law.

Contact Us

Get our lawyers' help with an assault and battery charge by calling 619.231.6577 or emailing us through our contact page. We can meet with you in a free confidential consultation during weekdays, weekends or evenings, and we have a 24-hour answering service ready to take your call.

San Diego Criminal Defense limits its practice to San Diego County, California. Communities served include San Diego, Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar, La Jolla, Pacific Beach, South Bay, Chula Vista, Vista, San Marcos, Escondido, Poway, Rancho Bernardo, La Mesa, El Cajon, Mission Valley, Lakewood, Ramona, and Rancho Santa Fe.

A Client Testimonial

Hi Tim,
I just want to thank you for your help. I truly appreciate what you’ve done for Jenny. I know that it was a great imposition for you to drive up to Murrieta. You had Jenny’s best interests at heart the entire time you represented her; and you always said the right things to keep me from loosing my mind.

When you first met her, I know that Jenny looked and acted like an addict. You helped us get her into rehab. You kept her out of jail.

I wish you could see the transformation. She is happy, healthy, is in a solid relationship with her boyfriend Sean, going to school, and actually doing homework! For the first time in many years she acting like a responsible human being. You brought back my daughter, and for this I am forever in your debt.

Sincerely,
Ella W.

How Can We Help?


Location: 401 B Street, Suite 2215 | San Diego, CA 92101-3907 | Phone: 619.231.6577 | Fax: 619.269.9163

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