San Diego Assault Lawyer

San Diego, CA assault lawyers with 45 years of experience defending clients in criminal matters.

If you have been charged with assault in San Diego, you may be dealing with a situation that feels overwhelming. An arrest can happen quickly, sometimes based on a misunderstanding, a momentary conflict, or an accusation that does not tell the full story. What happens next depends on the quality of the defense you put together.

The Law Office of Elliott Kanter APC has been defending individuals accused of crimes throughout San Diego County for over four decades. Elliott Kanter has personally tried more than 150 cases to jury verdict, and he brings that preparation to every assault charge we handle. If you are facing an assault allegation, our San Diego, CA assault lawyer can review the facts during a free consultation.

Assault Lawyer San Diego, CA

Under California law, assault is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person. No physical contact is required. The charge is based on the attempt and the ability to carry it out, not on whether anyone was actually hurt.

Battery, by contrast, involves actual physical contact. The two are often filed together, but they are separate offenses with different elements. Understanding the difference is one of the first things your attorney will address.

Types of Assault Cases We Handle in San Diego

Assault charges in California vary widely in severity, and the specific charge you face will depend on the circumstances of the incident, the alleged victim, and whether a weapon was involved. Our firm represents defendants across the full range of assault-related offenses.

• Simple assault. A misdemeanor under California law, simple assault carries up to six months in county jail and fines up to $1,000. Many of these cases arise from arguments, misunderstandings, or situations where the line between a heated exchange and an unlawful act is not clear.
• Assault and battery. When both charges are filed together, the prosecution is alleging both an attempt to injure and actual unwanted physical contact. These cases require a defense strategy that addresses each element separately.
• Aggravated assault. This charge applies when the alleged assault involved a deadly weapon or force likely to produce great bodily injury. It is a wobbler offense in California, meaning the prosecutor can file it as either a misdemeanor or a felony depending on the facts.
• Domestic violence. Assault charges that arise between intimate partners, spouses, or household members carry additional consequences including protective orders and mandatory counseling programs if convicted.
• Assault on a peace officer. Penalties increase when the alleged victim is a law enforcement officer, firefighter, or emergency medical technician who was performing official duties at the time. These charges can carry up to one year in county jail.
• Battery. When the alleged contact results in serious bodily harm, prosecutors may pursue felony charges that carry significant prison time and lasting consequences on your record.
• Sex crimes. Sexual assault charges involve allegations of non-consensual contact and carry some of the most severe penalties in California criminal law, including mandatory sex offender registration.
• Juvenile assault. Minors accused of assault face proceedings in juvenile court, where the focus is different from adult criminal cases but the long-term consequences can still be significant.

Why Choose The Law Office of Elliott Kanter APC as My Assault Lawyer in San Diego, CA?

Over Four Decades Defending Criminal Cases in San Diego

Elliott Kanter has been practicing law since 1981, with a career that spans both criminal defense and personal injury representation. He earned his J.D. from Thomas Jefferson School of Law in San Diego and completed his undergraduate studies at the University of Pittsburgh, where he received a B.S. in Psychology.

His record in criminal defense includes a Not Guilty verdict at trial in an assault case involving allegations of great bodily injury and two prior strike allegations. That particular case carried potential consequences of 25 years to life under California’s Three Strikes law, and the jury returned a full acquittal. He is admitted to practice in California, before the United States Supreme Court, and in several federal jurisdictions. The Martindale-Hubbell peer review system has awarded him an AV Preeminent rating, the highest distinction available, recognizing both legal ability and ethical standards. He holds membership in the National Association of Criminal Defense Lawyers, the Consumer Attorneys of California, the San Diego County Bar Association, and has been named a Top Lawyer by San Diego Magazine in multiple years.

If you are searching for a criminal defense lawyer in San Diego, CA, our firm’s trial record in assault cases speaks directly to what we can bring to your defense.

Criminal Defense Results That Reflect Our Approach

Our firm has a history of achieving meaningful outcomes in serious criminal matters. In addition to the assault acquittal referenced above, Elliott Kanter obtained Not Guilty verdicts in two separate federal drug importation trials involving over 100 pounds of cocaine. He also secured a no-custody outcome in a federal insider trading prosecution where the allegations exceeded $1.3 million. Each of these results required extensive preparation, strategic decision-making, and the willingness to take a case to trial when the situation called for it.

Understanding Assault Cases

Charges, Penalties, and Defense Strategies for Assault Cases

California classifies assault offenses according to the severity of the alleged conduct and the identity of the alleged victim. The following are core concepts that apply across most assault cases in San Diego.

• Simple assault is a misdemeanor carrying up to six months in county jail and a fine of up to $1,000
• Assault with a deadly weapon is a wobbler, punishable by up to one year in county jail as a misdemeanor or two to four years in state prison as a felony
• Assault on a peace officer or protected public employee can carry up to one year in jail and fines up to $2,000
• A felony assault conviction may count as a strike under California’s Three Strikes sentencing law, which can double the sentence for a future felony and potentially result in 25 years to life for a third strike
• Restitution to the alleged victim may be ordered for any medical expenses, lost wages, or other documented losses

Common defense strategies in assault cases include self-defense, defense of others, lack of present ability to carry out the alleged act, absence of intent, false accusation, and mistaken identity. A San Diego assault attorney will evaluate which defenses apply based on the specific facts and available evidence.

What Are Important Aspects of an Assault Case?

Every assault case turns on its own facts, but several recurring issues tend to shape how these matters are resolved.

Witness credibility is often central. Assault allegations frequently arise from interpersonal conflicts where both parties have different versions of what happened. Surveillance footage, cell phone recordings, and third-party witnesses can be critical in corroborating your account. Physical evidence, or the lack of it, also plays a significant role. When the prosecution cannot point to documented injuries consistent with their theory, the defense has room to challenge the narrative.

The timing of your defense matters as well. Retaining an assault defense lawyer in San Diego early gives your attorney the best opportunity to investigate while evidence is fresh, interview witnesses, and identify weaknesses in the prosecution’s case before charges are escalated.

What Is the Assault Case Timeline?

• After an arrest for assault, the defendant is typically booked and may be released on bail or on their own recognizance, depending on the severity of the charge and criminal history.
• The arraignment occurs within 48 hours of arrest if the defendant remains in custody. At arraignment, the court reads the charges and the defendant enters a plea.
• For felony assault charges, a preliminary hearing follows where the prosecution must demonstrate sufficient evidence to proceed to trial.
• The pretrial phase includes discovery, motion practice, and negotiation. This period can last several weeks to several months depending on the details of the case.
• If the case does not resolve through negotiation, it proceeds to trial, where the prosecution must prove each element of the charge beyond a reasonable doubt.
• Sentencing, if a conviction occurs, is handled at a separate hearing where the court considers the circumstances of the offense, the defendant’s background, and input from both sides.

What Should You Bring to Your Assault Consultation?

When you meet with an assault lawyer in San Diego, CA, having certain materials ready will allow your attorney to begin evaluating the case immediately.

• Any police reports, citation paperwork, or court documents you received at the time of arrest or afterward
• Names and contact information for anyone who witnessed the incident
• Photographs or video recordings of the scene, any injuries, or any relevant communications
• A written summary of what happened, in your own words, covering the events leading up to, during, and after the alleged incident

Your attorney will review this information, explain the potential charges and penalties you face, and outline an initial strategy. The Law Office of Elliott Kanter APC provides free consultations for all criminal defense matters, including assault cases.

What Are Important California Legal Resources for Assault Cases?

California offers several public resources for defendants and families who want to understand the criminal justice process. The following can serve as starting points.

• The California Courts Self-Help Guide provides an overview of the criminal court process, from arrest through sentencing, written for a general audience.
• The California Legislative Information website publishes the full text of the penal code provisions that define assault and related offenses.
• The San Diego Superior Court website includes information on court locations, calendars, and local rules governing criminal proceedings.
• The California Courts website provides information on cleaning your record after a case is resolved, including dismissal and sealing of arrest records.
• San Diego County’s Behavioral Health Services department offers resources for individuals whose cases involve mental health considerations that may affect sentencing or diversion eligibility.

Reach Out to The Law Office of Elliott Kanter APC to Schedule a Consultation

If you or someone close to you has been charged with assault in San Diego, CA, acting promptly to secure legal representation can make a real difference in how your case is resolved. The Law Office of Elliott Kanter APC provides free initial consultations and can begin reviewing your situation right away.

We are available to meet within a few business days of your initial call. Contact us to schedule a time to discuss your assault case with our San Diego assault lawyer.

San Diego Battery Defense Lawyer

Battery charges carry serious consequences that extend far beyond the courtroom. A conviction can mean jail time, hefty fines, and a permanent criminal record that follows you for the rest of your life. Employers run background checks. Landlords screen applicants. Professional licensing boards review criminal histories. One moment of conflict—or one false accusation—can derail your career, your relationships, and your future.

At The Law Office of Elliott Kanter APC, founding attorney Elliott Kanter has spent over 45 years defending clients against criminal charges in California courts. He has secured dismissals, acquittals, and reduced charges for clients facing allegations ranging from simple battery to battery causing serious bodily injury. We understand that every case has two sides, and we fight to make sure yours gets heard.

If you are facing battery charges and need a San Diego, CA criminal defense lawyer, our firm offers free consultations and will fight to protect your rights and your future.

Why Choose The Law Office Of Elliott Kanter APC For Battery Defense In San Diego, CA?

Over Four Decades of Criminal Defense Experience

Elliott Kanter has practiced criminal defense in California since 1980. He is admitted to the California State Bar, the United States Supreme Court, and federal courts across the country. Battery cases often come down to conflicting accounts of what happened. He said one thing. She said another. Witnesses remember events differently. Elliott Kanter knows how to investigate these cases, challenge inconsistent testimony, and present the evidence that supports your defense.

Proven Results in Violent Crime Cases

Elliott Kanter has secured not guilty verdicts, dismissals, and reduced charges for clients facing serious criminal allegations. In one case involving assault with great bodily injury and two prior strike allegations, he won a not guilty verdict after trial. Battery cases require the same aggressive approach—thorough investigation, strategic motion practice, and a willingness to take the case to trial if the prosecution refuses to offer a fair resolution.

Your Attorney Handles Your Case Personally

Some firms pass criminal cases to junior associates or overworked public defenders handle hundreds of cases at once. Not here. Elliott Kanter handles every case personally from the initial consultation through resolution. When your freedom is at stake, you deserve an attorney who knows your name, your case, and your concerns.

We Start Fighting Immediately

Evidence disappears. Witnesses forget. Surveillance footage gets recorded over. The prosecution starts building their case the moment charges are filed. Your defense needs to start just as quickly. We begin investigating immediately—gathering evidence, interviewing witnesses, and identifying weaknesses in the prosecution’s case before they have a chance to strengthen it.

⭐⭐⭐⭐⭐

“Sharp, reasonable, grounded, personable, direct, and knowledgeable. Elliott took on the US GOV’T Prosecution team of attorneys and won the case! Against all odds, Elliott used common sense, reason, and brilliant tactics to lay out the facts and secure a win. His compassion and experience made this overwhelming process, manageable. I am so thankful for finding Elliott, otherwise this case would have fallen the way 90% of cases go against the Federal attorneys. So I HIGHLY RECOMMEND!” — Paris Dylan

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Types Of Battery Cases We Handle In San Diego

California law recognizes several types of battery, each with different elements and penalties. The specific charge you face depends on the circumstances of the alleged offense, the identity of the alleged victim, and the severity of any injuries. We handle cases involving:

• Simple battery. Under California Penal Code Section 242, simple battery is any willful and unlawful use of force or violence upon another person. Even minor physical contact can qualify. This misdemeanor carries up to six months in county jail and fines up to $2,000.
• Battery causing serious bodily injury. Penal Code Section 243(d) elevates battery to a “wobbler” offense when serious bodily injury results. Felony convictions carry two, three, or four years in state prison.
• Domestic battery. Battery against a spouse, former spouse, cohabitant, fiancé, or dating partner falls under Penal Code Section 243(e)(1). Convictions trigger mandatory batterer’s intervention programs and can result in restraining orders that affect where you can live and work.
• Battery on a peace officer. Penal Code Section 243(b) makes battery against police officers, firefighters, EMTs, and other protected public servants a separate offense with enhanced penalties.
• Sexual battery. Penal Code Section 243.4 covers unwanted touching of intimate parts for sexual purposes. Convictions can require sex offender registration.
• Elder battery. Battery against a person 65 years or older can result in enhanced penalties and is prosecuted aggressively in San Diego County.

California Legal Requirements For Battery Charges

Understanding the legal elements of battery—and the defenses available—is essential to fighting these charges effectively.

Under California Penal Code Section 242, battery requires proof that you willfully touched another person in a harmful or offensive manner. Unlike assault, battery requires actual physical contact. But that contact does not need to cause injury—any offensive touching can qualify. Spitting on someone, poking them in the chest, or knocking something out of their hands may all constitute battery under California law.

Self-defense is a complete defense to battery charges. Under CALCRIM 3470, you may use reasonable force to defend yourself if you reasonably believed you were in imminent danger of being touched unlawfully. The force you used must be proportional to the threat. A San Diego battery defense attorney can evaluate whether self-defense applies to your case and present this defense persuasively to the jury.

Defense of others allows you to use reasonable force to protect someone else from unlawful touching. Parents defending children, friends intervening in fights, and bystanders protecting strangers may all have valid defense-of-others claims. Understanding the role of a criminal defense attorney in building these defenses is critical to protecting your rights.

Consent can defeat battery charges in certain circumstances. Mutual combat—where both parties agreed to fight—may negate the “unlawful” element of battery. Participants in contact sports consent to physical contact within the rules of the game.

Accident is a defense when the touching was not willful. If you bumped into someone in a crowd or made contact while gesturing during an argument, the prosecution cannot prove the intent required for battery.

What Are The Penalties For Battery In San Diego?

Battery penalties range from relatively minor misdemeanor consequences to years in state prison, depending on the specific charge and your criminal history.

Misdemeanor Simple Battery

A conviction for simple battery under Penal Code Section 242 carries up to six months in county jail, fines up to $2,000, and informal probation. The court may also order anger management classes, community service, or restitution to the victim. First-time offenders may qualify for diversion programs that result in dismissed charges upon successful completion.

Felony Battery Causing Serious Bodily Injury

When battery causes serious bodily injury, prosecutors can charge the offense as a felony under Penal Code Section 243(d). Felony convictions carry two, three, or four years in state prison, fines up to $10,000, and formal probation. “Serious bodily injury” includes broken bones, wounds requiring stitches, loss of consciousness, and other significant physical harm. Alternative sentencing options may be available depending on the circumstances.

Domestic Battery Consequences

Domestic battery under Penal Code Section 243(e)(1) carries up to one year in county jail, fines up to $2,000, and mandatory completion of a 52-week batterer’s intervention program. The court will issue a protective order that may prohibit contact with the alleged victim and require you to move out of a shared residence. Understanding the difference between protective orders and how they affect your life is essential.

Collateral Consequences

Beyond direct penalties, battery convictions create lasting collateral consequences. You may lose firearm rights under California and federal law. If you are not a citizen, a conviction can trigger deportation proceedings or prevent naturalization. Professional licenses may be revoked or denied. Employment and housing applications ask about criminal history. A California battery charge lawyer can help you understand the full scope of what you are facing and develop a strategy to avoid these consequences.

Contact The Law Office Of Elliott Kanter APC

Battery charges can change your life permanently. A conviction affects your freedom, your record, your career, and your relationships. The prosecution is already building their case against you. You need a defense attorney who will fight back with equal intensity—investigating the facts, challenging the evidence, and protecting your rights at every stage.

Our firm provides free consultations for criminal defense matters. Elliott Kanter will review your case personally, explain your options honestly, and answer your questions directly. Contact us today to schedule your consultation.

7. Seek medical attention. Some injuries don’t show symptoms for hours or days. A medical evaluation creates documentation linking your injuries to the accident.

7. Seek medical attention. Some injuries don’t show symptoms for hours or days. A medical evaluation creates documentation linking your injuries to the accident.

San Diego Assault Defense Lawyer

An assault charge can upend your life overnight. Maybe an argument escalated. Maybe you defended yourself and the police arrested the wrong person. Maybe you were simply in the wrong place at the wrong time. Now you are facing criminal charges that could result in jail time, fines, a permanent criminal record, and consequences that follow you for years—affecting your job, your housing, and your reputation.

At The Law Office of Elliott Kanter APC, founding attorney Elliott Kanter has spent over 45 years defending clients against criminal charges in California courts. He has secured dismissals, acquittals, and reduced charges for clients facing serious allegations, including a not guilty verdict in an assault case involving great bodily injury allegations and two prior strike allegations. We understand what is at stake when you are accused of assault, and we fight aggressively to protect your rights and your future.

If you are facing assault charges and need a San Diego, CA criminal defense lawyer, our firm offers free consultations and will fight to achieve the best possible outcome in your case.

Why Choose The Law Office Of Elliott Kanter APC For Assault Defense In San Diego, CA?

Over Four Decades of Criminal Defense Experience

Elliott Kanter has practiced criminal defense in California since 1980. He is admitted to the California State Bar, the United States Supreme Court, and federal courts across the country. Assault charges require an attorney who understands how prosecutors build cases—and how to dismantle them. Elliott Kanter has tried cases ranging from simple assault to assault with a deadly weapon and assault causing great bodily injury. He knows which defenses work and how to present them effectively to judges and juries.

Proven Results in Assault Cases

Elliott Kanter has secured not guilty verdicts, dismissals, and reduced charges for clients facing serious criminal allegations. In one assault case involving allegations of great bodily injury and two prior strike allegations, he won a not guilty verdict after trial. That kind of result requires thorough preparation, aggressive cross-examination, and a willingness to take cases to trial when the prosecution will not offer a fair resolution.

Your Attorney Handles Your Case Personally

Some firms assign criminal cases to inexperienced associates. Not here. Elliott Kanter handles every case personally from the initial consultation through resolution. When your freedom is on the line, you deserve an attorney who knows your case inside and out—not someone reading your file for the first time in the hallway outside the courtroom.

Aggressive Defense From Day One

The prosecution starts building their case the moment you are arrested. Your defense should start just as quickly. We investigate the allegations, interview witnesses, challenge evidence, and develop defense strategies immediately—not weeks or months into your case.

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“Elliott is a phenomenal lawyer and I would recommend him to anyone. Elliott won my case against all odds, against the UNITED STATES OF AMERICA. He absolutely saved my life from a horrible fate and I am extremely grateful. Elliott knows exactly what he’s doing and will be honest and realistic with you from the very beginning. He doesn’t sugar coat things, and yet still leads with compassion and is exceptionally professional and responsive. I am still on awe that I am not currently in prison. Elliott managed the impossible.” — Gabrielle Cooke

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Types Of Assault Cases We Handle In San Diego

California law distinguishes between different types of assault based on the circumstances, the alleged victim, and whether weapons or serious injuries were involved. Each charge carries different penalties and requires a different defense approach. We handle cases involving:

• Simple assault. Under California Penal Code Section 240, simple assault is an unlawful attempt to commit a violent injury on another person. This misdemeanor carries up to six months in county jail and fines up to $1,000.
• Assault with a deadly weapon. Penal Code Section 245(a)(1) covers assault committed with a deadly weapon or by means likely to produce great bodily injury. This “wobbler” can be charged as a misdemeanor or felony, with felony convictions carrying up to four years in state prison.
• Assault causing great bodily injury. When an assault results in serious physical injury, enhanced penalties apply under Penal Code Section 12022.7. A great bodily injury enhancement can add three to six years to a prison sentence.
• Domestic violence assault. Assault against a spouse, cohabitant, or dating partner triggers additional charges and consequences, including restraining orders and firearm restrictions.
• Assault on a peace officer. Assaulting a police officer, firefighter, or other protected public servant carries enhanced penalties and is aggressively prosecuted.
• Assault with caustic chemicals. Penal Code Section 244 makes it a felony to throw or place caustic chemicals on another person with intent to injure, carrying two to four years in state prison.

California Legal Requirements For Assault Charges

Understanding how California defines assault—and what prosecutors must prove—is essential to building an effective defense.

Under California Penal Code Section 240, assault is defined as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. This definition has important implications. First, assault does not require actual contact—an attempted punch that misses can still be assault. Second, the prosecution must prove “present ability,” meaning you actually could have completed the act.

Self-defense is a complete defense to assault charges under California law. CALCRIM 3470 establishes that you may use reasonable force to defend yourself or others if you reasonably believed you or someone else was in imminent danger of suffering bodily injury. The force used must be no more than necessary to defend against the danger. A San Diego assault defense attorney can evaluate whether self-defense applies to your situation and present this defense effectively.

Defense of others and defense of property may also apply depending on circumstances. Penal Code Section 197 establishes when the use of force—even deadly force—is legally justified. Understanding your rights under California law is critical, and a criminal defense attorney can explain how these defenses apply to your specific situation.

Consent can be a defense in limited circumstances, such as mutual combat situations where both parties agreed to fight. Accident—meaning you did not intend to commit a violent act—may also defeat assault charges if the prosecution cannot prove the required intent.

The statute of limitations for misdemeanor assault is one year under Penal Code Section 802. Felony assault charges generally must be filed within three years under Penal Code Section 801.

What Are The Penalties For Assault In San Diego?

Assault penalties vary dramatically depending on the specific charge, the alleged victim, and your criminal history. Understanding potential consequences helps you make informed decisions about your defense.

Misdemeanor Simple Assault

A conviction for simple assault under Penal Code Section 240 carries up to six months in county jail, fines up to $1,000, and informal probation. While these penalties may seem relatively minor, a conviction creates a permanent criminal record that can affect employment, housing, and professional licensing. Some defendants may qualify for diversion programs that allow charges to be dismissed upon completion.

Felony Assault with a Deadly Weapon

Assault with a deadly weapon under Penal Code Section 245 can be charged as a misdemeanor or felony. Felony convictions carry two, three, or four years in state prison, fines up to $10,000, and formal probation. If the victim suffered great bodily injury, an additional three to six years may be added under the great bodily injury enhancement. Depending on your circumstances, alternative sentencing may be available.

Strike Offense Consequences

Certain assault convictions—including assault with a deadly weapon causing great bodily injury—qualify as “strikes” under California’s Three Strikes Law. A strike on your record doubles the sentence for any future felony conviction. A third strike can result in 25 years to life in prison. This makes aggressive defense critical even for first-time offenders.

Collateral Consequences

Beyond direct penalties, assault convictions create lasting collateral consequences. You may lose firearm rights, face immigration consequences if you are not a citizen, lose professional licenses, and struggle to find employment or housing. In some cases, expungement may be possible after completing your sentence, but avoiding conviction in the first place is always preferable. A California assault charge lawyer can help you understand the full scope of consequences you face and fight to avoid them.

If you have been charged with assault and battery in San Diego, CA, then you need an experienced criminal defense attorney who will fight for your freedom. Contact The Law Office of Elliott Kanter today to learn more.

Being charged doesn’t mean you are guilty. Assault happens when one person acts in a way to cause another person to believe he or she was in danger of unwanted bodily contact or actual immediate harm. Just because you are accused doesn’t mean you are guilty. You need an experienced San Diego assault and battery lawyer on your side.

Assault and Battery in San Diego

Assault is the threat of harmful violence on another person, even if there is no physical contact and that person is not actually touched. The battery is the unwanted touching of another person with the intent to cause injury. Assault and battery are actually two separate crimes and can be prosecuted as either a misdemeanor or a felony, depending on the circumstances. If a gun is involved, you’re talking 20 years in prison. To get a better understanding of the charges you’re facing and the legal options you have, contact a criminal defense attorney as soon as possible.

(Click a statute below for additional information)

PC 240: Assault- Up to 6 months in county jail

PC 242: Battery – Up to 1 year in county jail

PC 245 (a)(1): Assault with a weapon of force likely to produce great bodily injury – Up to 3 years in prison (more if great bodily injury occurs)

PC 211: Robbery – Up to 4 years in state prison

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

• Simple Battery
• Sexual Battery (Also known as Sex Crimes)
• The battery on a Spouse or Girlfriend/Boyfriend (Also known as Domestic Violence)
• Assault with Deadly Weapon. (If Great Bodily Injury is charged, the crime is elevated to a “Strike.”)
• Assault with a Firearm

The Different Types of Assault and Battery in San Diego

“Aggravated Assault” is a commonly used term for the crime of “Assault with a Deadly Weapon” (ADW). The California Penal Code 245 defines this crime as one that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. In the first section of this code, it defines the crime of assault with a deadly weapon other than a firearm. Any item that can be used as a weapon can fall under this category. Weapons can include almost anything (other than a body part) that has the ability to cause considerable harm to another if used in a threatening and forceful way. For example, a screwdriver that is used in an assault can qualify as a weapon even though it can also be used for innocent purposes.

However, assault with a firearm is also illegal in the state of California. The California “assault with a firearm” law prohibits assaulting someone with a firearm. You can be arrested by the police and charged in violation of this law by:

• firing a gun at another person
• pointing a loaded gun at another person, or
• using a gun to bludgeon or ”pistol whip” another person.

Can Assault Occur Without Battery?

California assault can take place even though no battery occurs. However, a battery necessarily includes an assault. This is because it is impossible to commit a battery (a willful act) without first attempting to do so. Assault and battery charges can be classified in two ways: misdemeanor and felony. People are often charged with a felony when the assault or battery results in serious injuries. The misdemeanor categorization is used when the incident, such as a fistfight, results only in minor injuries.

California assault and battery are severe charges. Because conviction on these charges carries with it serious penalties, such as jail time and heavy fines, it is important that you take any and all investigations or assault and battery arrests very seriously. Experienced legal counsel will be your best defense. If you have been charged, contact an assault and battery attorney at our law firm as soon as possible after an arrest.

What Needs to be Proven in Your San Diego Assault Case

In order to prove an assault under CPC 240, it must be shown that:

• The defendant participated in an action that would have probably resulted in the use of force to another.
• The defendant participated in that action willfully.
• When the defendant willfully acted, he/she was conscious of the fact that this action would probably result in the use of force against another.
• When the defendant acted, he/she had the ability to apply force to a person.

If you are arrested for a battery charge a prosecutor must prove under CPC 242 that you willfully used force or violence upon another. “Willfully” means that the defendant had the willingness or desire to use force. Touching the other person, his or her clothing, or something attached to or closely connected to that person can often be charged like a battery if the intent of harm was found to be present.

What To Expect if You Are Charged with Assault or Battery

Being charged is a serious matter. If convicted of this offense in court, you could end up in jail for up to 6 months or pay a fine up to $1,000. And if you get an enhancement – an action that results in more penalties – you could see more jail time:

• Assault/Battery Issuing Great Bodily Injury (GBI): Up to 4 years
• Assault/Battery with a Firearm: 20 years
• Assault/Battery with a Machine Gun or Semiautomatic Weapon: Add 12 years to your sentence

To fight these charges, you will need the legal advice of an experienced criminal defense lawyer from one of the top law firms in San Diego. Although it is not required, it is strongly recommended you work with a San Diego criminal defense attorney instead of a public defender. Contact one of our lawyers today.

What Are the California Assault and Battery Statutes?

Statute 240.

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

Statute 242.

A battery is any willful and unlawful use of force or violence upon the person of another.

Statute 245. (a)(1)

Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

Penal Code 245 (01) is assault with a weapon that is likely to cause great bodily injury. This is a serious crime that carries up to three years in prison (more if great bodily harm was inflicted). Anything that is used to strike a person is a weapon. It does not matter if you actually harm the victim. If your words and actions made the victim feel as if they were in danger, you are guilty of assault.

Get Experienced Legal Help From San Diego Attorney Elliot Kanter

Do you need an experienced lawyer? Call Elliott Kanter. It can be a very frightening experience if you or someone in your family is charged with assault—but remember, you have rights. What you shouldn’t do is a delay in calling a lawyer who can get you through this difficult time with skill and compassion. Our attorneys have over 40 years of experience defending clients in various criminal cases. Some of our law firm’s many practice areas include assault and battery, DUI, probation, juvenile crimes, theft, elder abuse, fraud, and drug crimes. So please contact The Law Office of Elliott Kanter by filling out the form on this website for a free consultation today. You can also email ekanter@enkanter.com to discuss your case in privacy. Come into our office, located at 2445 5th Ave, Suite #350, San Diego, 92101. Tell us your side of the story, and together we’ll get started on your battery or assault case.