San Diego Assault & Battery Attorney

Aggravated Assault Offenses

Aggravated assault is the charge of assault with a deadly weapon or instrument other than a firearm. This offense also includes the crime of assault likely to produce severe bodily injury. These are charged as either misdemeanors or felonies. The penalties for these two crimes include:

• Imprisonment for two, three, or four years, or imprisonment in jail for a maximum of one year
• Fines of up to $10,000

The crime of assault with a firearm has the same penalties but with a minimum jail sentence of six months. If the assault is committed with a machine gun, assault weapon, or a .50 BMG rifle, the penalties may be as high as 12 years in prison, and this crime cannot be charged as a misdemeanor.

Because some aggravated assault offenses can be charged as either misdemeanors or felonies, it is essential to have a skilled attorney represent you. They may be able to advocate for the lesser sentence of a misdemeanor, allowing you to avoid some of the more severe consequences of a felony conviction.

Battery Offenses in San Diego

Battery refers to harm and physical contact. Not every charge of assault also includes battery charges, but they’re often paired together. Simple battery charges result in either fines of up to $2,000, imprisonment in jail for up to six months, or both.

If battery results in serious bodily injury to the victim, it is considered aggravated battery, and the penalties increase to up to one year in jail or between two to four years in jail. A serious bodily injury is defined as physical impairment, which includes:

Other battery offenses in California include:

• Battery Against a Police Officer: This crime also includes battery against other professionals, such as an emergency medical care nurse or physician. Penalties include imprisonment for up to one year and/or fines of up to $2,000. If injury is inflicted, imprisonment may be as long as three years.
• Domestic Battery: This is the crime of committing battery against a spouse, cohabitant, dating partner, or the parent of the offender’s child. It results in fines of up to $2,000 and/or up to one year in jail.
• Sexual Battery: The crime of sexual battery can be charged as a misdemeanor or a felony. Penalties may either be up to one year in jail and fines of up to $2,000 or between two and four years in prison and fines of up to $10,000.

How San Diego Police Handle Assault Arrests and Investigations

When someone is arrested for assault in San Diego, local law enforcement agencies, such as the San Diego Police Department or the San Diego County Sheriff's Department, follow standard procedures to ensure public safety and build a case. Understanding how these agencies respond is important for anyone seeking legal representation, as the initial investigation can heavily influence how charges are filed or prosecuted in local courts.

Once the police arrive at the scene, officers will typically separate the parties involved and take statements from witnesses. They may document injuries or property damage and preserve any physical evidence that might indicate how the situation unfolded. Patrol officers frequently consult with detectives from specialized units if the assault is considered aggravated or if serious injuries are reported. The timing and thoroughness of the investigation often play a major role when an assault defense attorney reviews the case for opportunities to challenge the prosecution's version of events.

Several factors may be considered by local law enforcement during an arrest for assault in San Diego:

• Whether there is evidence of physical injuries – Officers will photograph injuries and request medical input from local hospitals as needed.
• If witnesses are present and able to provide statements – Law enforcement may seek out nearby parties, including those unrelated to the incident.
• The involvement of alcohol or drugs – Officers in San Diego often assess whether substance use played a role, as this can impact charges or possible diversion programs.

Anyone facing arrest for assault should understand that their case will likely pass through the San Diego County Central Jail and be assigned to a local court such as the Hall of Justice or the Central Courthouse. Consulting with an assault attorney San Diego at the earliest opportunity improves your ability to challenge evidence, negotiate with prosecutors, and navigate the region’s unique legal procedures.

Civil Claims for Assault and Battery Offenses

When you face criminal assault or battery charges, you could also face a civil case. The alleged victim of the crime can file a claim against you to cover the damages they suffered through compensation. These claims are filed on the basis of intentional misconduct and can recover the financial cost of physical, emotional, and financial losses.

Civil claims can add to the financial strain of the situation. If you are convicted of assault or battery, you may be required to pay restitution as part of the criminal case in addition to civil compensation. Defending yourself against criminal charges may make the alleged victim’s civil claim less likely to succeed.

Possible Defenses for Assault and Battery Charges

The specific charges you face, the evidence against you, and the circumstances surrounding your arrest all affect what strategy will be most effective for your defense. When you hire an attorney who has worked for years in criminal defense law, they will be able to navigate your case and determine the ideal defense for your circumstances. Some potential defenses that are applicable in assault or battery cases may include:

1. Self-Defense or Defense of Others: If you had a reasonable fear about your own safety or the safety of another based on imminent danger, this may constitute an effective defense. This is considered an affirmative defense, which states that you did commit the offense but were justified based on self-defense or the defense of other people.
2. Lack of Intent: If you did not intend to commit assault or committed the crime of battery by accident, this may be an effective defense.
3. Lack of Ability: One element of an assault charge is the present ability to act on an attempt to injure the other person. If you did not have the present ability to commit the crime, this may be a strong defense.
4. Consent: This defense asserts that the actions between you and the other person were agreed upon, and you had consent to act that way. It’s important to talk with a criminal defense attorney to determine if this defense is possible for your unique charges.
5. Insufficient Evidence: The prosecution must prove you guilty beyond a reasonable doubt to convict you. An attorney can help challenge ineffective or loose evidence against you to make it clear that the prosecution does not have sufficient proof.
6. False Accusations: In some cases, the alleged victim of the assault or battery is making a false accusation. This is more common in assault charges, as no physical injury needs to have occurred. If you have been falsely accused, you need an attorney with the skill to find errors and conflicting information in the prosecution’s case.

Violent crimes are harshly prosecuted in California, and often, assault or battery charges are overcharged. Even if an attorney cannot eliminate the charges against you, they may be able to argue for a lesser charge or penalty for the crime, limiting its effect on your life.

What Are the Benefits of an Assault Defense Attorney?

There are many benefits to working with a skilled criminal defense attorney when you’re facing assault charges. These include:

• Being able to provide you with legal knowledge and information that is relevant to your case
• Helping you make informed decisions about your case, defense, and other options
• Ensuring you know your rights and that they are protected
• Filing pretrial motions when necessary
• Investigating the case against you and the scene of your arrest
• Determining the ideal defense for your charges
• Providing significant resources to support your case, including investigative resources and expert witnesses to advocate for you
• Giving you support during a potentially isolating and frightening time
• Negotiating with the prosecution for lessened or dropped charges
• Representing you in court
• Helping you protect your interests as they guide you through the entire criminal court process

At Lee Law Group DUI & Criminal Attorneys, our attorneys want to help you find the ideal resolution to your criminal case.

Can You Be Sued for Assault in California?

Yes, you can be sued for assault in California. A civil claim enables plaintiffs to recover the costs of physical, financial, and mental damages. These claims are typically filed based on intentional misconduct.

If you are charged with assault, you can face both criminal penalties and civil penalties in separate cases. In a criminal case, the court may order you to pay restitution, and this may be in addition to a civil claim filed by the victim.

Our legal team conducts an exhaustive review of the circumstances surrounding your case. Our approach aims to not only dismantle the case against you but to fortify your defense with compelling counterarguments and irrefutable evidence. We understand that each client’s situation is unique. With years of experience in California’s legal landscape, our Lee Law Group DUI & Criminal Attorneys is adept at customizing defenses to fit the intricacies of each assault and battery case.

Call Lee Law Group at (619) 975-2033 for your initial consultation with experienced Assault & Battery attorneys in San Diego.