Santa Rosa Assault & Battery Attorneys

Protecting Clients in Santa Rosa, San Rafael, Lakeport, & Ukiah

Criminal charges can be extremely stressful, but with the right representation, you can feel confident that your rights are being protected. At Wilber Law Offices, P.C., we have the knowledge and experience to help you navigate the legal process and fight the charges against you.

Our criminal defense lawyers have over 45 years of combined legal experience and a track record of success. We are committed to providing each and every one of our clients with the personalized legal services they deserve. Our assault and battery defense lawyers in Santa Rosa are available to answer your questions and address your concerns throughout the legal process.

Get in touch with us today at (707) 986-4482 or contact us online to schedule a consultation with one of our Santa Rosa assault and battery defense attorneys. We also serve clients in San Rafael, Lakeport, and Ukiah.

What Is Assault in California?

According to California Penal Code Section 240, assault is defined as:

• An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

It is important to note that assault is a crime of intent, meaning that you can be charged with assault even if you do not actually injure the other person. The only requirement is that you have the present ability to commit a violent injury on the person of another and you take some action to try to do so.

For example, if you make a threatening gesture toward another person and you have the ability to follow through with the threat, you can be charged with assault, even if you do not cause any physical harm.

Assault is typically a misdemeanor in California, but it can be charged as a felony if the alleged victim is a peace officer, firefighter, or other protected professional, or if the assault is committed with a deadly weapon.

Simple vs Aggravated Assault in CA

In California, assault charges are categorized into simple assault and aggravated assault, each carrying different penalties depending on the severity of the offense.

• Simple Assault occurs when a person attempts to cause physical harm to another but does not use a deadly weapon or inflict serious injury. Even if no physical injury occurs, the attempt to cause harm is sufficient for a charge. Simple assault is typically a misdemeanor, carrying up to six months in jail and fines up to $1,000.
• Aggravated Assault involves more serious circumstances, such as using a deadly weapon (e.g., a gun or knife) or causing significant bodily injury.It can also involve assaults on protected individuals, such as law enforcement officers. Aggravated assault is usually charged as a felony, with harsher penalties, including prison time, higher fines, and a permanent criminal record. Depending on the specifics of the case, aggravated assault may also result in a strike under California’s “Three Strikes” law.

Both types of assault are serious, but the consequences of aggravated assault are far more severe, making it crucial to consult a qualified defense attorney if facing either charge.

What Is Battery in California?

According to California Penal Code Section 242, battery is defined as:

• Any willful and unlawful use of force or violence upon the person of another.

Battery is a crime of violence, meaning that you can only be charged with battery if you actually make physical contact with another person. However, you do not need to cause any injury to the other person to be charged with battery. All that is required is that you use force or violence against them without their consent.

For example, if you intentionally push someone or even just poke them with your finger, you can be charged with battery. The key element is that you made physical contact with the person in a way that was harmful or offensive.

Battery is a misdemeanor in California, but it can be charged as a felony if the alleged victim is a peace officer, firefighter, or other protected professional, or if the battery results in serious injury.

Defending Against Assault & Battery Charges in California

Being charged with assault and/or battery does not necessarily mean that you will be convicted. The prosecution has the burden of proving your guilt beyond a reasonable doubt, and there are a number of defenses that can be used to fight the charges against you.

At Wilber Law Offices, P.C., we can review the facts of your case, conduct a thorough investigation, and help you understand your legal options. Our assault and battery defense lawyers in Santa Rosa can also help you build a strong defense strategy and represent you in court.

Some of the most common defenses against assault and battery charges include:

• Self-defense
• Defense of others
• Defense of property
• Accident
• Consent
• Mistaken identity
• False allegations
• Insufficient evidence
• Violation of your constitutional rights

Our assault and battery defense attorneys in Santa Rosa can help you determine which defense strategy is right for you based on the specific circumstances of your case.

Penalties for Assault & Battery in California

Assault and battery are serious criminal offenses in California. If you are convicted, you will be left with a permanent criminal record, which can make it difficult to find employment, secure housing, or obtain professional licenses. You will also be required to serve a term of probation and pay various fines and fees.

Some of the most common penalties for assault and battery in California include:

• Up to 6 months in county jail for a misdemeanor
• Up to 1 year in county jail for a felony
• Up to 4 years in state prison for a felony with a deadly weapon
• Up to 4 years in state prison for a felony on a peace officer, firefighter, or other protected professional
• Up to 4 years in state prison for a felony with serious bodily injury
• Up to $2,000 in fines for a misdemeanor
• Up to $10,000 in fines for a felony

In addition to the penalties listed above, a conviction for assault and/or battery can also result in the loss of certain rights and privileges, such as your right to own or possess firearms.

How Our Santa Rosa Assault & Battery Attorneys Can Help

At Wilber Law Offices, P.C., we understand that being charged with assault and/or battery can be extremely overwhelming, but you do not have to face the legal process alone. Our assault and battery defense lawyers in Santa Rosa can help you understand your legal rights and options and guide you through every stage of the proceedings.

When you choose to work with us, you can expect:

• Personalized legal services
• Clear and consistent communication
• Thorough investigations
• Strong defense strategies
• Aggressive representation in court

Our assault and battery defense attorneys in Santa Rosa are committed to providing each and every one of our clients with the high-quality legal services they deserve. We will fight tirelessly to protect your rights and help you secure the most favorable outcome possible.

Call our assault and battery defense lawyers in Santa Rosa at (707) 986-4482 or submit an online request form to schedule a consultation today.