Assault Charges in SoCal: What You Need to Know

Facing an aggravated assault charge in California can have serious consequences, including jail time, hefty fines, and a permanent criminal record. If you're searching for criminal lawyers near me, you need a legal team that understands how to build a strong defense and protect your rights.

At The Law Offices of Kirk Tarman & Associates, we have over 25 years of experience defending individuals accused of assault and battery offenses. Our team, which includes a former district attorney, is well-equipped to fight for your freedom. In this blog, we’ll break down California Penal Code 240 (PC 240), explain the difference between assault and battery, and answer common questions such as "Is battery a felony in California?"

What Is Assault Under California Penal Code 240?

Under California Penal Code 240, assault is defined as an unlawful attempt, coupled with the ability, to commit a violent injury on another person. Unlike battery, assault does not require physical contact—only the intent and ability to cause harm.

Key Differences Between Assault and Battery

• Assault (PC 240): The attempt to use force or violence against another person.
• Battery (PC 242): The actual use of force or violence, such as punching or hitting someone.

If you are looking for an assault lawyer near me or a battery lawyer near me, our legal team can help you understand the charges against you and craft a strong defense.

What Is Aggravated Assault in California? (PC 245)

Aggravated assault, defined under California Penal Code 245, involves using a deadly weapon or force likely to cause great bodily injury. Unlike simple assault, aggravated assault carries harsher penalties, especially if a firearm or other dangerous object was used.

Common Aggravated Assault Charges in California

1. Simple Assault (PC 240) – Misdemeanor charge for attempting to cause harm without actual physical contact.

   • Penalties: Up to 6 months in jail and fines up to $1,000.

2. Assault with a Deadly Weapon (PC 245(a)(1)) – Using a firearm, knife, or other deadly weapon in an assault.

   • Penalties: Up to 4 years in state prison and fines up to $10,000.

3. Aggravated Assault Causing Great Bodily Injury (PC 245(a)(4)) – Assault involving severe injuries requiring medical treatment.

   • Penalties: Up to 4 years in prison if charged as a felony.

4. Assault on a Public Official (PC 217.1(a)) – Assaulting a police officer, judge, or government official.

   • Penalties: Up to 3 years in prison.

5. Domestic Assault (PC 273.5) – Assaulting a spouse, cohabitant, or intimate partner.

   • Penalties: Felony charges, restraining orders, and potential firearm restrictions.

If you need an assault and battery lawyer near me, The Law Offices of Kirk Tarman & Associates provides aggressive legal representation to help fight these charges.

Is Battery a Felony in California?

Battery can be charged as either a misdemeanor or a felony, depending on the severity of the offense.

• Misdemeanor Battery (PC 242): If no serious injuries occur, battery is typically charged as a misdemeanor, punishable by up to 6 months in jail and a $2,000 fine.
• Felony Battery (PC 243(d)): If the victim suffers serious bodily injury, battery can be charged as a felony, leading to up to 4 years in prison.

How We Can Help Fight Assault Charges

Self-Defense or Defense of Others

If you acted in self-defense or were protecting someone else, we can present evidence supporting your legal right to use force.

False Accusations

Many assault and battery charges are based on false or exaggerated claims. We work to expose inconsistencies in witness testimony and uncover the truth.

Lack of Intent

Assault requires intent to cause harm. If your actions were accidental, we can argue that you had no criminal intent.

Negotiating Reduced Charges

Our legal team has extensive experience negotiating with prosecutors to reduce charges or secure alternative sentencing, such as anger management programs instead of jail time.

Challenging the Evidence

We thoroughly analyze police reports, surveillance footage, and witness statements to identify weaknesses in the prosecution’s case.

Top 5 Questions About Assault Attorneys

1. What should I do if I’m charged with assault?

If you are facing an assault charge, do not speak to the police without an attorney. Contact a criminal lawyer near me immediately to begin building your defense.

2. Can an assault charge be dropped?

Yes, an assault charge can be dropped if the prosecution lacks sufficient evidence or if a strong defense is presented.

3. What are the penalties for aggravated assault in California?

Penalties depend on whether the charge is a misdemeanor or felony. Felony aggravated assault can result in up to 4 years in prison and a $10,000 fine.

4. Is battery a felony in California?

It depends. Simple battery (PC 242) is usually a misdemeanor, but if the victim suffers serious injuries, it can be charged as a felony under PC 243(d).

5. How much does an assault attorney cost?

Legal fees vary based on the complexity of the case. The Law Offices of Kirk Tarman & Associates offers flexible payment plans to make expert legal defense accessible.

Why Choose The Law Offices of Kirk Tarman & Associates?

• 25+ years of experience handling assault and battery cases.
• A former district attorney on our team.
• Proven track record of case dismissals and reduced charges.
• Flexible payment plans available.

Get a Free Consultation Today

If you or a loved one is facing assault or aggravated assault charges in California, don’t wait. The sooner we start on your case, the better your chances of a favorable outcome.

📞 Call us at (909) 658-7341 or schedule a free consultation online today.