An assault or battery charge in Los Angeles can range from a misdemeanor altercation to a serious felony with prison time, depending on the circumstances. The LAPD and LASD handle thousands of assault and battery cases every year and prosecutors at the Los Angeles County Superior Court pursue them aggressively. If you have been charged under PC § 240 or PC § 242, your first call should lead to expert team
The Bulldog Law defends assault and battery cases at every level. From bar fights and road rage incidents to felony assault with a deadly weapon, we fight the charges with investigative rigor and courtroom force.
PC § 240 Assault and PC § 242 Battery: The Legal Distinction
PC § 240 defines assault as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. No contact is required. A threatening swing that misses can be assault.
PC § 242 defines battery as any willful and unlawful use of force or violence upon another person. Even the slightest offensive touching without actual injury satisfies the battery element.
Both are typically charged as misdemeanors in their basic form, carrying up to 6 months in county jail. However, aggravated forms assault with a deadly weapon (PC § 245), great bodily injury enhancements, or assaults on protected persons such as peace officers elevate charges to felonies with multi year prison exposure.
How The Bulldog Challenges LAPD and LASD Evidence
LAPD and LASD officers often arrive after an altercation has ended. Their reports are based on witness statements, physical observations, and sometimes body camera footage all of which can be challenged.
Self defense is our most powerful tool. California law permits the use of reasonable force to protect oneself from imminent harm. We document every detail of the confrontation who initiated contact, what threats were made, and whether the force used was proportionate.
Witness credibility is critical. Eyewitness accounts of fast moving altercations are notoriously unreliable. We investigate witness relationships to the alleged victim, prior statements, and any bias or motive to fabricate.
Injury evidence is challenged through independent medical review. Bruises, cuts, and other injuries are often consistent with multiple explanations. We retain medical experts when needed to contest the government's theory of causation.
What to Do in the First 24 Hours After an Assault Arrest in Los Angeles
After an assault or battery arrest by LAPD or LASD, you will be booked at the local precinct or station and may be released on citation or held at Twin Towers for arraignment. Misdemeanor defendants are often released with a notice to appear.
Do not make statements to officers beyond identifying yourself. Do not reach out to the alleged victim. In domestic related assault cases, a protective order may already be in effect.
Arraignment at the Los Angeles County Superior Court occurs within 48 hours for in custody defendants. We appear at arraignment, fight for OR release, and begin the investigation immediately gathering surveillance footage, witness information, and any exculpatory evidence before it disappears.
Aggravated Assault and Felony Exposure in Los Angeles
PC § 245 (assault with a deadly weapon) is a wobbler that can be charged as a felony, carrying 2, 3, or 4 years in state prison. The "deadly weapon" designation is broad a car, a bottle, or even hands and feet in certain circumstances can qualify.
Great bodily injury (GBI) enhancements under PC § 12022.7 add 3 to 6 years to any felony assault sentence. We fight every GBI allegation by challenging the severity and causation of injuries.
Frequently Asked Questions
What is the difference between assault and battery in California?
Under California law, assault (PC § 240) requires no physical contact it is an attempted violent act. Battery (PC § 242) requires actual physical contact, however slight.
Can assault charges be dropped in Los Angeles?
Yes. With evidence of self defense, lack of intent, or insufficient witness credibility, charges can be reduced or dismissed. We investigate every case for dismissal opportunities.
What is assault with a deadly weapon under PC § 245?
PC § 245 elevates assault charges when a deadly weapon or force likely to produce great bodily injury is used. It is a wobbler carrying up to 4 years in state prison as a felony.
Can I claim self defense against an assault charge in California?
Yes. California self defense law permits reasonable force to protect against imminent harm. We document all evidence of the threat you faced and build a strong self defense narrative.
Will an assault conviction affect my immigration status?
Depending on the specific charge and whether it qualifies as a crime of moral turpitude or a crime of violence, a conviction can trigger immigration consequences including deportation for non citizens.
Facing charges in Los Angeles? The Bulldog Law fights for you relentlessly, in state and federal court. Visit our blog for more resources.