Assault & Battery Charges

Riverside Assault & Battery Defense Attorney

Protecting the Rights of the Accused in San Bernardino and Southern California

If you have been charged with assault or battery in the state of California, it is essential that you have a skilled Riverside assault & battery defense attorney representing you. The potential consequences of a conviction for this crime can be severe. Jail time, prison time, fines, fees, and collateral consequences like the loss of a job or the inability to secure employment or find a place to live can all derail your future. You may be frightened about the possibility of a prison sentence and worried about the financial ramifications of the charges as well. If you are facing any level of assault charges, you should ensure you have an experienced criminal defense attorney to fight the charges and minimize the consequences.

At Greenberg, Greenberg & Kenyon, we offer personalized legal strategies designed to address the specific circumstances of your case. Our team collaborates closely with you to understand all aspects of the charges, ensuring that your defense is as robust as possible. We are committed to providing comprehensive legal guidance, walking you through every step of the process from the initial consultation to courtroom proceedings. Understanding the nuances of California assault and battery laws is crucial, and our firm is well-versed in leveraging these laws to your advantage.

Contact Greenberg, Greenberg & Kenyon of Riverside for veteran legal representation after your assault and battery arrest. We've practiced criminal defense law since 1980 and have a demonstrated record of getting charges dropped or reduced. Call us at (951) 574-2281 or contact us online today to get started with your free consultation.

Understanding Assault & Battery Laws in California

California law distinguishes between assault and battery, with each charge carrying its own implications and penalties. Assault is defined as an attempt to inflict physical harm, while battery involves actual physical contact with another person. The nuances of these definitions are critical when defending a case, as even a misunderstanding or misinterpretation can lead to a significant impact on the outcome. Riverside County, known for its strict enforcement, adds local layers of complexity that the seasoned attorneys at Greenberg, Greenberg & Kenyon are prepared to navigate.

Our approach involves comprehensive research and evidence gathering, making sure that all possible defenses are explored meticulously. Given the variability of witness statements and law enforcement reports, we delve deep into uncovering any inconsistencies that could weaken the prosecution's case. This thorough approach has proven effective in numerous cases, aiding in charge reductions or dismissals.

Are Assault & Battery the Same Thing in California?

Assault is detailed under California Penal Code 240. Assault involves causing fear or apprehension of imminent violence. This can be fear of attempted violence or fear of threatened violence. Assault is typically a misdemeanor offense in the state, although if a deadly weapon is used in a threatening way, the charges can escalate to assault with a deadly weapon, which can be charged as a misdemeanor or a felony. Essentially, assault refers to the use of force or violence against another person—such as a threatening gesture, shoving or pushing, taking a swing, brandishing a weapon, or verbal threats.

Battery, detailed under California Penal Code 242, involves the use of force or violence, although it includes not only harmful touch but offensive touch as well. With battery charges, there is an imminent threat of violence or force due to something another person does or says. The person must have acted under the impression that they could harm or force another person through their actions. If a 93-year-old woman (without a weapon) tells a young man she is going to kill him, it is unlikely that she has the strength to harm him in any way. Battery is physical contact that causes injury (such as a black eye or a knife wound) or results in injury (such as a person stumbling and breaking an arm). A bar fight, a shouting match after a car accident, or slapping a family member can all result in charges.

Battery is usually a more serious crime than assault and is a "wobbler" under California law. This means battery can be charged as a misdemeanor or a felony, depending on the circumstances. Aggravated battery charges mean that someone was significantly injured. In some cases, the only difference between assault and battery is that an attempt to inflict harm on another failed to work. Both assault and battery have differing degrees of severity. Simple assault and simple battery charges are less serious than aggravated assault and aggravated battery.

Understanding the distinctions between these offenses is pivotal in forming a solid defense. Each charge carries its unique considerations, and our legal team is adept at navigating these complexities to provide you with the best possible outcome. We thoroughly investigate the circumstances surrounding the incident, ensuring that all evidence is accounted for and any mitigating factors are brought to light. By demystifying the legal definitions and consequences of assault and battery, we empower you to make informed decisions at every stage of your case.

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This team was beyond easy to work with. Mr. Greenberg called me himself within minutes of my request for a consultation to personally chat and that action spoke volumes.

- Alex G.
From the very beginning, he was incredibly honest, transparent, and straightforward about my case. He took the time to explain everything in detail, ensuring I fully understood my options.

- Raymond S.
harles Kenyon stepped in and delivered an outstanding defense. He didn’t just win the case; he saved my grandson’s life. The entire firm is compassionate, communicative, and we cannot recommend them highly enough!

- Kristin P.
What truly sets Phil apart, though, is his unwavering commitment to achieving the best possible outcome for his clients. His legal expertise and strategic thinking were evident as he navigated my case.

- Kurt S.

What Are the Types of Assault & Battery Charges in California?

There are different kinds of assault and battery charges in California. The attorneys at Greenberg, Greenberg & Kenyon can handle the following types of charges on your behalf:

Simple assault
Simple battery
Aggravated assault
Aggravated assault with great bodily harm
Assault with a deadly weapon
Assault on a police officer
Domestic violence
Aggravated battery
Road rage

Each of these charges demands a nuanced understanding of California law, and our firm takes pride in tailoring defenses specific to the allegations you face. For instance, an aggravated assault charge might center on the alleged use of a deadly weapon or serious injury inflicted. We meticulously analyze the prosecution's claims, providing counter-arguments and evidence to highlight inconsistencies or overreaches in their case. By recognizing the individual elements of each charge, we develop carefully crafted arguments aimed at reducing or dismissing charges altogether.

Assault Charges We Defend in Riverside, California

There are essentially four types of assault charges in the state of California:

Simple assault is a misdemeanor offense as it is an unlawful attempt along with the present ability to cause significant injury to another person. Simple assault is punishable by a fine as large as $1,000 and up to six months in jail.
Aggravated assault involves a clear intent to commit serious bodily injury to another person. If it is apparent the defendant wanted to inflict major damage and had no regard for the other person's life, aggravated assault may be charged. Aggravated assault is a wobbler offense and can be charged as a misdemeanor or felony. A misdemeanor conviction for aggravated assault can be punished by probation, a jail sentence of up to a year, up to $10,000 in fines, confiscation of a weapon if used, and the possibility of an anger management course or community service. A felony conviction for aggravated assault could include the same fines, along with a longer sentence in state prison. Felony convictions count as a "strike" under California's Three Strikes Laws.
Assault with a deadly weapon can have aggravating factors such as whether the weapon was a machine gun, a semi-automatic weapon, or the assault was on a police officer. If there were serious injuries, the charges can include great bodily injury enhancement penalties. The fine for a conviction of assault with a deadly weapon is up to $10,000, and incarceration for up to 12 years in a California state prison.
Assault on a police officer is essentially simple assault, with penalties that are doubled when the assault is on a police officer, firefighter, EMT or paramedic, process server, traffic officer, code enforcement officer, lifeguard, animal control officer, or health professional engaged in their duties. Penalties include up to one year in jail, and a fine as large as $2,000.

Each type of assault charge necessitates a different approach in defense, considering the unique circumstances and potential impacts of conviction. Our attorneys strive to ensure that clients understand the specific charges against them and the strategies we can use to build their case. Whether facing a misdemeanor or a potential felony, our goal is to minimize the long-term effects a conviction could have on your life, always guiding you through the legal complexities with transparency and dedication.

Navigating Assault Charges in Riverside County

Aggravated assault charges in Riverside are taken seriously due to the potential for significant harm involved. These charges often include factors such as the use of weapons or the intent to cause severe injury, and their complexity requires a strategic legal response. Our firm delves into the specific facts of each case, assessing the intent and actions involved to build a robust defense framework. We understand that the stakes are high, and our proactive approach aims to mitigate these serious charges.

Riverside courts are known for their thorough examination of aggravated assault cases, often requiring detailed evidence and clear arguments to challenge the prosecution's narrative. Our legal team focuses on identifying weaknesses in the prosecution's evidence, employing a combination of legal strategy, negotiation, and where necessary, litigation to protect your rights and achieve the best possible results.

Understanding the Different Battery Charges You Could Face in California

There are three types of battery charges in the state of California. These include:

Simple battery involves intentionally touching another person without their consent when the touching is done in an offensive manner or results in some level of injury. Simple battery is a misdemeanor offense that can result in jail time of up to one year and a fine.
Battery causing serious bodily injury (aggravated battery) involves the same elements as simple battery, along with unlawful but willful touching and serious bodily injury. Serious bodily injury can include a loss of consciousness, broken teeth, serious facial lacerations, broken bones, cuts severe enough to require stitches, impairment, or loss of bodily function. Aggravated battery is a wobbler offense that can be charged as a misdemeanor or felony, depending on the facts and the defendant's prior criminal history. Misdemeanor aggravated battery convictions can bring up to a year in jail, and a fine as large as $1,000. The judge could impose summary probation for the offense as well. A felony conviction of aggravated battery can result in up to four years in prison, and a fine of up to $10,000. The judge could also issue probation terms as an alternative to prison.
Domestic battery is the most common form of domestic violence-related charges and is defined as willful, unlawful use of force or violence against a current or former spouse, fiancé, cohabitant, those the defendant currently or previously dated, or the other parent of a child. If any level of force is used, even when there are no visible injuries, a domestic battery charge could occur. Domestic battery is a misdemeanor unless there are serious bodily injuries or other aggravating factors. Penalties can include up to a year in jail, a $2,000 fine, and probation.

Battery charges in California can lead to serious legal and personal consequences, necessitating a strong defense to protect your rights and future. At Greenberg, Greenberg & Kenyon, we explore all facets of your case, scrutinizing police reports, medical records, and witness statements to identify weaknesses in the prosecution's narrative. Our comprehensive approach is aimed at reducing the charges where possible or achieving alternative sentencing options that align more closely with your circumstances, aiming to preserve your freedom and future opportunities.

Potential Defenses for Assault & Battery Charges

Self-defense is one of the most common defenses to assault and battery charges. If you were defending yourself, your property, or someone else from imminent harm and did not use excessive force, then self-defense could be a solid defense. Consent is another defense to assault and battery charges. It states that the alleged victim gave explicit, informed consent to the physical contact. Lack of mental state claims you did not intend to cause harm, did not understand the nature of your actions, or did not act intentionally or recklessly. A defense of duress applies if you act out of fear or fear for your own safety or the safety of others. If you were coerced or threatened with harm if you did not commit the assault, then duress may be a valid defense.

Assault cases often come down to conflicting versions of events. We may argue self-defense or provocation and challenge the alleged victim's complaint based on witness statements and police reports. When both parties contributed to the escalation, alcohol was involved, or the prosecution has little evidence, we are often successful in getting charges dismissed or reduced to disorderly conduct, disturbing the peace, or resisting arrest. In felony cases, we make every attempt to avoid a conviction and the possibility of prison through plea negotiations or going to trial when necessary.

Our extensive experience in defending assault and battery cases in San Bernardino and Riverside equips us with the knowledge necessary to navigate local legal challenges effectively. Familiarity with area courts and local statutes allows us to provide highly tailored strategies that leverage every conceivable advantage in your favor. We remain dedicated to mitigating the impacts of legal action on your life, maintaining open communication throughout the process to keep you informed and prepared at every turn.

Do You Really Need a Criminal Defense Attorney for Assault & Battery Charges?

You should take action immediately when charged with assault or battery. Do not talk to the police since what you do or say can impact the outcome of your charges. Often, police officers will tell you that if you just answer their questions, you will be allowed to go home. Do not believe this. Having a Riverside assault & battery defense attorney by your side from the beginning can provide the advice and guidance you need while preventing you from making self-incriminating statements. Your attorney will build your defense after researching the facts of your case and analyzing all the potential angles.

Frequently Asked Questions

What Should I Do Immediately After Being Charged with Assault or Battery?

When you are charged with assault or battery in Riverside, it's crucial to remain calm and seek legal assistance immediately. Avoid making any statements to law enforcement without an attorney present as they can be used against you later. Contacting a criminal defense lawyer promptly allows them to begin gathering evidence and formulating your defense strategy. It's also important to document your account of the events as soon as possible, while your memory is fresh, to ensure all details are captured accurately.

How Does Riverside Handle Assault & Battery Cases Differently from Other Areas?

Riverside has distinct legal processes influenced by local protocols and the specifics of Riverside County Superior Court. The county's law enforcement agencies may have different priorities and methods compared to other areas, which can affect how cases are managed. Understanding local court expectations and procedures can be crucial in navigating the legal process efficiently. Having a defense team familiar with these unique local aspects is invaluable in building an effective defense.

What Are the Long-term Consequences of an Assault or Battery Conviction?

A conviction for assault or battery in California can have far-reaching impacts beyond the immediate legal penalties. It can affect employment opportunities, housing applications, and educational prospects, as it is a criminal offense that appears on background checks. Additionally, if convicted of a felony, this can impact your civil rights, including the right to vote or own a firearm. Engaging in a thorough defense to mitigate these consequences is essential to preserve your future prospects.

Can Assault & Battery Charges Be Expunged from My Record?

In California, some assault and battery convictions may be eligible for expungement under specific circumstances. This process involves a legal procedure where a conviction is removed from your criminal record, providing relief from some of the associated consequences. Eligibility often depends on completing all terms of the sentence, including probation, and not having additional criminal issues. Consulting with a knowledgeable attorney can clarify your eligibility and help initiate the expungement process.

How Can Greenberg, Greenberg & Kenyon Help with My Assault or Battery Case?

At Greenberg, Greenberg & Kenyon, our firm leverages decades of criminal defense experience to provide you with vigorous representation throughout your assault or battery case. Our approach is client-focused, ensuring that you receive personalized attention and a strategy tailored to your specific needs. Whether negotiating for charge reductions or representing you in court, we are committed to achieving the best possible outcome for your situation. Our team prides itself on responsiveness, transparency, and a deep understanding of Riverside's legal landscape.

Contact an Assault & Battery Defense Attorney Today!

Contact an assault and battery lawyer with decades of experience prosecuting and defending these charges in San Bernardino and Riverside. We offer a free initial consultation, and our phones are answered 24 hours a day.

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Decades of Criminal Defense

Since 1980, our attorneys have handled a wide spectrum of criminal cases, bringing seasoned judgment and steady guidance to every matter.
Prosecutorial Perspective

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Our boutique structure ensures you work one‑on‑one with senior counsel—no handoffs to junior associates.
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We return calls promptly, provide regular updates, and lay out each step so you always know where your case stands.

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