Assault & Battery



An assault is defined as intentional attempt to physically injure another or placing another in apprehension of harm by threatening to cause harm to another, behaving or stating something in a manner that causes the other person to believe they are about to attacked. Assault does not require physical contact. The law only requires the following:

  • The defendant had the ability to act
  • The defendant acted willingly
  • The defendant’s actions were likely to result in harm to another
  • A reasonable person would belief that harm is imminent

A simple assault is typically a misdemeanor in California. As such, it carries a maximum of 6 months in county jail, a fine of $1,000 or both.


Assault like conduct can result in felony charges if:

  • A deadly weapon (gun, knife, baseball bat etc…) is used or
  • Another means of force likely to cause great bodily injury (GBI) is used

This type of behavior may elevate misdemeanor assault charges to felony assault with a deadly weapon charges (ADW)

The penalties for ADW range from a year in county jail to four years in prison.


To defend against and beat assault charges consult with an experienced criminal defense attorney. A skilled and seasoned defense attorney can help. The following are the most common defenses against assault charges:

  • You did not have the ability to inflict force or violence
  • You acted in self-defense/defense of others
  • You did not act willfully or with the required intent
  • You were falsely accused
  • You did not use a deadly weapon



A misdemeanor battery occurs when:

  • A person intentionally and wrongfully made physical contact with another person, AND
  • The defendant did so without that person’s consent

The key to the crime of batter is that defendant touched or cause something to make contact with another in an offensive manner.

Penalties for this offense include up to six months in county jail, and/or a fine.


A battery can be charged as a felony if it rises to the level of an aggravated battery.

A person commits aggravated battery when:

  • A battery is committed, AND
  • It is committed accompanied by an aggravating factor such as:
    • Inflicting serious bodily injury or permanent disfigurement on the victim
    • Use of a deadly weapon
    • Committing a battery in a domestic violence situation
    • Committing a sexual battery
      Intent to cause GBI

Penalties for this offense include between a year in county jail to four years in prison and/or a fine up to $10,000.


If you or a loved one have been charged with a battery, consult with an experienced criminal defense attorney who can guide you through the process.

The following are the most common defenses against battery charges:

  • You lacked the requisite intent
  • You acted in self-defense/defense of others
  • Consent
  • You have been wrongfully accused


Criminal Law attorney in San Diego



Ezquerro Is a Dedicated Violent Crime Lawyer Here to Help You If You Are in Need!

If you are involved in an assault and battery case where you know you acted with no criminal intent or desire to offend, you need to have a criminal defense attorney who is well-versed with assault and battery laws and can expertly defend you.

Please reach out today to Ezquerro if you need a seasoned criminal defense attorney to see your assault and/or battery case through.


Ezquerro Law Group