Los Angeles Assault and Battery Attorneys
Being charged with assault and battery should not be taken lightly. Accusations of violence can result in jail time, fines, and damage to one’s reputation. Being convicted can lead to additional hardships down the line, affecting where you may be allowed to live and work, or even taking away your right to vote.
Do not let your rights, good name, and freedom be stripped from you without a fight. Talk to the top Los Angeles criminal defense attorneys at Werksman Jackson & Quinn LLP. You deserve an experienced legal team that delivers results for its clients time after time. Call us at (213) 688-0460 to set up a free consultation today.
Assault and battery are separate criminal charges in California. The difference between assault and battery can be confusing, especially since the phrase "assault and battery" is often used. This leads people to believe they are the same thing, when in fact they are not.
- Assault (Penal Code 240)- Any action or attempt to inflict physical harm or unwanted touching on someone else.
- Battery (Penal Code 242)- Willful and unlawful use of force on someone else.
An assault doesn't need actual physical contact with another person to be considered assault, whereas battery does. Put in simpler terms, assault can be looked at as "attempted battery," with the intention to do physical harm even if the victim was not hurt in the incident, and battery can be viewed as a "completed assault" where the victim was actually affected by the harmful action.
Assault and battery are both classified as wobblers, meaning they can be charged as either misdemeanors or felonies depending on the circumstances. Generally, penalties for simple assault can range from six months in jail to three years in state prison and can result in fines of up to $2,000. Judges may also assign probationary periods in place of or in addition to a jail sentence. Those convicted of simple battery can incur penalties of a similar nature. Factors that influence the severity and nature of penalties include:
- If the alleged victim was a government employee or healthcare worker.
- The location in which the incident took place.
- The severity of the victim’s injuries.
- The past criminal record of the accused.
There are many different classifications of assault in the state of California. These include:
- Simple Assault- When a weapon is not used, and there are no injuries or they are minor in nature.
- Aggravated Assault- An unlawful attack or attempted attack that involves the use of a weapon and/or an amount of escalated force.
- Assault with a Deadly Weapon- This type of assault can involve the use of weapons and/or serious injury. If a weapon is used, an attack is deemed a felonious assault even if no injury occurs.
- Sexual Assault- The use of force to subdue an unwilling victim, resulting in a rape, molestation, sodomy, or a similar sexual crime.
Battery will vary in severity and penalties. The different classifications of battery crimes include:
- Aggravated Battery- When an individual touches another person in a harmful and/or offensive manner, and the victim suffers serious bodily injury as a result.
- Battery of a Peace/Police Officer- An individual commits a harmful act on a police officer when he should have been reasonably aware the victim was an officer preforming his/her duties. This includes firefighters, lifeguards, animal control agents, or other individuals whose role is to serve and protect the public.
- Domestic Battery- Any willful and unlawful touching committed against:
- the defendant's spouse or former spouse,
- the defendant's cohabitant or former cohabitant,
- the defendant's fiancé/fiancée or former fiancé/fiancée,
- a person with whom the defendant has or used to have a dating relationship,
- the father or mother of the defendant's child.
- Sexual Battery- Any willful or unlawful touching of another person’s intimate parts for the purposes of arousal, gratification, or abuse.
- Elder Abuse- "Elder abuse" is a battery crime in which an individual commits physical abuse, emotional abuse, neglect, endangerment, and/or financial exploitation against a person who is 65 or older.
False accusations and misunderstandings can ruin your livelihood and your reputation. If you or a loved one has been accused of assault and battery, you need a veteran legal team to protect your future. Werksman Jackson & Quinn LLP has a track record of success in these cases. Alan Jackson defended an NBA player looking at serious domestic violence allegations. After a thorough independent investigation, Alan was able to convince the prosecutor to drop criminal charges against his client. Mark Werksman represented a client who was accused of assaulting an off-duty Los Angeles County Sheriff's Department Deputy, who faced three years in state prison. After a week-long jury trial, he was found not guilty.
Every case presents different challenges, but we are ready to help you in your time of need. Call (213) 688-0460 to set up your free initial consultation with a top Los Angeles assault and battery attorney. A simple mistake or exaggeration can ruin your life. Get Werksman Jackson & Quinn LLP on your side today.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.