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Assault and Battery Attorney in Inglewood, California

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Handcuffs and a judge’s gavel on a wooden table

When you’re facing assault and battery charges in Inglewood, California, the stakes couldn’t be higher. These serious criminal allegations can result in jail time, substantial fines, a permanent criminal record, and long-lasting damage to your reputation, employment prospects, and personal relationships. Whether you’ve been charged with simple battery, aggravated assault, assault with a deadly weapon, or any other violent crime, you need an experienced criminal defense attorney who will fight aggressively to protect your rights and freedom. At Tu Defensor Criminalista, we provide skilled, strategic defense representation to clients throughout Inglewood and Los Angeles County who are facing assault and battery charges.

Understanding Assault and Battery Laws in Inglewood, California

Inglewood, a diverse and dynamic city in Los Angeles County with a population of approximately 102,774 residents, is home to iconic landmarks like SoFi Stadium, The Forum, and the Hollywood Park development. Despite its cultural and economic renaissance, Inglewood—like many urban areas in Southern California—continues to grapple with violent crime. According to the FBI’s Uniform Crime Reporting (UCR) Program[1], violent crimes including assault represent a significant portion of criminal offenses in urban communities across the United States.

In California, assault and battery are distinct crimes with different legal definitions, though they are often charged together. Understanding the specific charges you’re facing is the first critical step in building an effective defense.

California Penal Code § 240 – Simple Assault

California Penal Code Section 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Importantly, you can be convicted of assault even if you never actually touched the alleged victim.

To convict you of simple assault, the prosecution must prove beyond a reasonable doubt that:

  1. You did an act that by its nature would directly and probably result in the application of force to a person
  2. You did that act willfully
  3. When you acted, you were aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in the application of force to someone
  4. When you acted, you had the present ability to apply force to a person

Simple assault is a misdemeanor in California, punishable by:

  • Up to six months in county jail
  • A fine of up to $1,000
  • Summary (informal) probation
  • Community service
  • Anger management classes
  • Restitution to the victim

California Penal Code § 242 – Simple Battery

Battery goes one step further than assault. California Penal Code Section 242 defines battery as “any willful and unlawful use of force or violence upon the person of another.” Unlike assault, battery requires actual physical contact or touching.

To prove battery, the prosecution must establish that:

  1. You willfully touched someone in a harmful or offensive manner
  2. The person did not consent to the touching

The touching does not need to cause injury or even pain—any unwanted physical contact, no matter how slight, can constitute battery. This could include pushing, shoving, slapping, punching, or even spitting on someone.

Simple battery under Penal Code § 242 is a misdemeanor punishable by:

  • Up to six months in county jail
  • A fine of up to $2,000
  • Summary probation
  • Community service
  • Anger management or violence prevention programs
  • Restitution to the victim

California Penal Code § 243(d) – Battery Causing Serious Bodily Injury

When a battery results in serious bodily injury to the victim, prosecutors can charge the more serious offense of battery causing serious bodily injury under Penal Code Section 243(d).

“Serious bodily injury” is defined as a serious impairment of physical condition, including but not limited to:

  • Loss of consciousness
  • Concussion
  • Bone fractures
  • Wounds requiring extensive suturing
  • Serious disfigurement
  • Protracted loss or impairment of function of any bodily member or organ

PC § 243(d) is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and your criminal history.

Misdemeanor Penalties:

  • Up to one year in county jail
  • A fine of up to $1,000

Felony Penalties:

  • Two, three, or four years in California state prison
  • A fine of up to $10,000
  • Formal (supervised) probation
  • A “strike” under California’s Three Strikes Law in certain circumstances

California Penal Code § 245(a)(1) – Assault with a Deadly Weapon (ADW)

Assault with a deadly weapon, codified in Penal Code Section 245(a)(1), is one of the most serious assault charges you can face. This offense occurs when you assault someone using a deadly weapon or by means of force likely to produce great bodily injury.

A “deadly weapon” can include:

  • Firearms
  • Knives
  • Clubs or bats
  • Bottles
  • Vehicles
  • Any object capable of causing death or great bodily injury

Importantly, even objects not traditionally considered weapons—such as a screwdriver, hammer, or even a dog—can be classified as deadly weapons depending on how they are used.

ADW is also a wobbler offense with severe penalties:

Misdemeanor ADW:

  • Up to one year in county jail
  • Fines up to $1,000

Felony ADW:

  • Two, three, or four years in state prison
  • Fines up to $10,000
  • A “strike” under California’s Three Strikes Law
  • Loss of gun rights

If the assault was committed with a firearm, the penalties increase dramatically:

  • Three, four, or five years in state prison (or six, seven, or nine years if the firearm was an assault weapon or machine gun)
  • Mandatory minimum sentences
  • Additional sentencing enhancements

California Penal Code § 245(a)(4) – Assault on a Peace Officer

Assaulting a peace officer, firefighter, paramedic, or other protected public servant is charged under Penal Code Section 245(a)(4) and carries enhanced penalties.

Felony Penalties:

  • Three, four, or five years in state prison
  • A fine of up to $10,000
  • A strike under Three Strikes Law
  • Additional consequences if the officer suffered injury

California Penal Code § 217.1 – Assault on a Public Official

Assault on judges, prosecutors, public defenders, elected officials, and other government officials is prosecuted under PC § 217.1 with potential sentences of:

  • 16 months, two years, or three years in state prison
  • Increased penalties if the victim was injured

California Penal Code § 245.5 – Assault with a Deadly Weapon on a School Employee

Assaulting teachers, administrators, or other school employees with a deadly weapon triggers enhanced penalties under PC § 245.5, punishable by up to one year in county jail for a misdemeanor or one, two, three, or four years in state prison for a felony.

Assault and Battery Statistics in Inglewood and Los Angeles County

Understanding the prevalence of assault and battery in your community provides important context for these charges. According to Neighborhood Scout crime statistics[2], Inglewood’s violent crime rate is higher than many California communities, though it has seen improvements in recent years as the city has undergone significant economic development.

Los Angeles County as a whole continues to experience substantial rates of violent crime. According to the California Department of Justice’s Criminal Justice Statistics Center[3], aggravated assaults represented a significant portion of violent crimes reported statewide in recent years.

The FBI’s Uniform Crime Reporting Program[1] defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. In 2022, aggravated assaults accounted for approximately 66% of all violent crimes reported nationwide, making it the most common violent crime category.

According to the Los Angeles County Sheriff’s Department[4], violent crimes including assaults occur across all demographic groups and neighborhoods throughout the county. The department’s crime statistics show that assault arrests span all age groups, with the highest concentration among individuals aged 18-34.

In Inglewood specifically, the City of Inglewood Police Department[5] reports crime statistics on an ongoing basis. While the city has made progress in reducing certain categories of crime, assault and battery cases continue to be prosecuted vigorously in Los Angeles County courts.


These statistics underscore why assault and battery charges are taken so seriously by prosecutors and judges—and why you need an experienced defense attorney who understands both the legal complexities and the local court system.

The Collateral Consequences of an Assault or Battery Conviction

Beyond the immediate criminal penalties of jail time and fines, an assault or battery conviction creates a permanent criminal record that can impact virtually every aspect of your life:

Employment Consequences

Most employers conduct background checks on job applicants. A conviction for a violent crime like assault or battery can:

  • Disqualify you from employment in healthcare, education, childcare, security, and many other fields
  • Result in termination from your current job, especially if your employer has policies against employing individuals with violent criminal convictions
  • Prevent you from obtaining professional licenses in fields such as nursing, real estate, contracting, law, and others
  • Make it extremely difficult to find employment, as many employers are reluctant to hire individuals with violent criminal histories

Immigration Consequences

For non-citizens, assault and battery convictions can have devastating immigration consequences. Under federal immigration law, crimes involving violence are considered crimes involving moral turpitude (CIMTs) and aggravated felonies, which can result in:

  • Inadmissibility to the United States
  • Deportation/removal proceedings
  • Denial of naturalization applications
  • Denial of visa applications and renewals
  • Ineligibility for most forms of immigration relief

Even lawful permanent residents (green card holders) can be deported for assault and battery convictions, particularly for aggravated assault or assault with a deadly weapon. If you are not a U.S. citizen, it is absolutely critical that your defense attorney understands immigration law and works to achieve a result that protects your immigration status.

Professional Licensing

If you hold a professional license—such as a medical license, nursing license, teaching credential, real estate license, contractor’s license, or any other state-issued professional license—a conviction for assault or battery can trigger disciplinary proceedings that may result in:

  • License suspension
  • License revocation
  • Denial of license renewal
  • Probationary conditions on your license
  • Required disclosure to clients, patients, or employers

California’s professional licensing boards take violent crimes extremely seriously and often impose harsh discipline even for misdemeanor convictions.

Educational Opportunities

A criminal conviction can affect your ability to:

  • Gain admission to colleges, universities, and graduate programs
  • Obtain financial aid and scholarships
  • Participate in certain educational programs
  • Secure campus housing

Many educational institutions conduct background checks and may deny admission or impose restrictions on students with violent criminal histories.

Housing

Landlords routinely conduct criminal background checks on prospective tenants. A conviction for assault or battery can make it extremely difficult to rent an apartment or home, as many landlords have policies against renting to individuals with violent criminal convictions.

Gun Rights

Under California and federal law, a felony conviction for assault or battery results in a lifetime prohibition on owning, purchasing, or possessing firearms. Even misdemeanor convictions can result in a 10-year firearm ban if the offense involved domestic violence.

Civil Lawsuits

Beyond criminal penalties, you may also face civil lawsuits filed by the alleged victim seeking monetary damages for medical expenses, lost wages, pain and suffering, and emotional distress. A criminal conviction makes it much easier for the alleged victim to prevail in a civil lawsuit.

Custody and Visitation

If you have children, an assault or battery conviction—especially one involving domestic violence—can significantly impact your child custody and visitation rights. Family courts consider criminal convictions when making custody determinations, and a violent crime conviction can result in:

  • Loss of custody
  • Supervised visitation only
  • Restrictions on your parenting time
  • Court-ordered counseling or anger management programs

Common Defenses to Assault and Battery Charges

At Tu Defensor Criminalista, we have successfully defended hundreds of clients against assault and battery charges using a variety of strategic defenses tailored to the unique facts of each case. Some of the most effective defenses include:

Self-Defense

You have the legal right to use reasonable force to protect yourself from imminent harm. Self-defense is a complete defense to assault and battery charges if we can establish that:

  1. You reasonably believed you were in imminent danger of suffering bodily injury or being touched unlawfully
  2. You reasonably believed that the immediate use of force was necessary to defend against that danger
  3. You used no more force than was reasonably necessary to defend against that danger

California law recognizes both the right to defend yourself and the right to stand your ground—there is no duty to retreat before using force in self-defense.

We gather evidence including witness statements, surveillance video, medical records documenting your injuries, photographs, text messages, and expert testimony to establish that you acted in lawful self-defense.

Defense of Others

Similar to self-defense, you have the right to use reasonable force to protect someone else from imminent harm. If you were defending a family member, friend, or even a stranger from attack, this can be a complete defense to assault and battery charges.

Mutual Combat

In some cases, both parties willingly engaged in a fight. While mutual combat does not always provide a complete defense, it can result in reduced charges or negotiated resolutions where both parties share responsibility.

Lack of Intent

Assault and battery require willful conduct. If the alleged contact was accidental rather than intentional, you should not be convicted. For example, if you accidentally bumped into someone in a crowded area or gestured with your hands during a conversation and unintentionally made contact, these would be accidents rather than crimes.

False Accusations

Unfortunately, false accusations of assault and battery are common. People make false allegations for many reasons:

  • To gain leverage in custody disputes
  • Out of anger or revenge after an argument or relationship breakup
  • To support a restraining order petition
  • To justify their own violent behavior
  • Due to mistaken identity
  • Because they are mentally unstable or under the influence of drugs or alcohol

We thoroughly investigate the alleged victim’s credibility, motivations, and any history of making false accusations. We examine text messages, emails, social media posts, phone records, and other evidence that may reveal the allegations are fabricated.

Mistaken Identity

In chaotic situations involving multiple people—such as bar fights, street altercations, or large gatherings—witnesses often make mistakes about who did what. If you were wrongly identified as the perpetrator, we can challenge the identification evidence through:

  • Cross-examination of eyewitnesses
  • Alibi evidence proving you were elsewhere
  • Surveillance video showing you did not commit the alleged acts
  • Expert testimony on the unreliability of eyewitness identifications

Insufficient Evidence

The prosecution bears the burden of proving every element of the charged offense beyond a reasonable doubt. If the evidence is weak, inconsistent, or contradictory, we can argue that the prosecution has failed to meet its burden.

Common weaknesses in assault and battery cases include:

  • No independent witnesses
  • Conflicting witness statements
  • Lack of physical evidence
  • No medical records documenting injuries
  • Surveillance video that contradicts the alleged victim’s account

Violation of Your Constitutional Rights

If law enforcement violated your constitutional rights during the investigation or arrest, we can file motions to suppress evidence or dismiss the charges. Common constitutional violations include:

  • Illegal Search and Seizure: Police searched you, your vehicle, or your home without a warrant, consent, or legal justification
  • Coerced Confession: Police obtained statements from you through threats, promises, physical abuse, or other coercive tactics
  • Failure to Advise of Miranda Rights: Police questioned you while in custody without first advising you of your right to remain silent and right to an attorney
  • Unlawful Arrest: Police arrested you without probable cause

If evidence was obtained in violation of your Fourth, Fifth, or Sixth Amendment rights, that evidence may be excluded from trial, often resulting in dismissal of the charges.

Lack of Present Ability

For assault charges under Penal Code § 240, the prosecution must prove you had the “present ability” to inflict injury. If you could not actually have harmed the alleged victim—for example, if you were too far away, physically restrained, or separated by a barrier—this element is not satisfied.

Our Approach to Assault and Battery Defense in Inglewood

At Tu Defensor Criminalista, we provide comprehensive, personalized defense representation tailored to your unique circumstances. Our approach includes:

Immediate Case Evaluation and Investigation

Time is critical in assault and battery cases. We begin working on your case immediately to:

  • Review all police reports, witness statements, and evidence
  • Interview witnesses and gather exculpatory evidence
  • Obtain surveillance video from businesses, residences, and public areas
  • Photograph the scene of the alleged incident
  • Preserve text messages, emails, social media posts, and other electronic evidence
  • Consult with medical experts, forensic specialists, and other professionals
  • Investigate the alleged victim’s background and credibility

Early investigation often uncovers evidence that can lead to dismissal or reduction of charges.

Strategic Pre-Filing Intervention

In many cases, we can intervene before formal charges are filed. We present evidence and arguments to prosecutors that:

  • The alleged victim is not credible
  • You acted in self-defense or defense of others
  • The evidence does not support the allegations
  • Prosecution is not in the interests of justice

Our early intervention has resulted in many cases never being formally filed.

Aggressive Negotiation

We leverage our extensive experience and relationships with Los Angeles County prosecutors to negotiate favorable outcomes whenever possible. Depending on the strength of the evidence and other factors, we may be able to secure:

  • Dismissal of all charges
  • Reduction from felony to misdemeanor
  • Reduction to disturbing the peace or other non-violent offenses
  • Diversion programs that allow you to avoid a conviction
  • Probation instead of jail time
  • Alternative sentencing such as community service, counseling, or anger management

Skilled Trial Advocacy

When negotiation does not produce an acceptable result, we are fully prepared to take your case to trial. Our attorneys are experienced trial lawyers who know how to:

  • Select a favorable jury through strategic voir dire
  • Deliver compelling opening statements that frame the case in your favor
  • Conduct effective cross-examination that exposes weaknesses in the prosecution’s case
  • Present persuasive defense evidence and expert testimony
  • Make powerful closing arguments that create reasonable doubt
  • Preserve issues for appeal

We have achieved numerous not guilty verdicts, hung juries, and favorable outcomes in assault and battery trials throughout Los Angeles County.

Post-Conviction Relief

Even if you are convicted, our representation doesn’t end. We can:

  • File appeals challenging legal errors or insufficient evidence
  • Petition for early termination of probation
  • Seek expungement of your conviction under Penal Code § 1203.4
  • Assist with restoration of gun rights when permitted
  • Advocate for sentence modification

The Court Process for Assault and Battery Cases in Inglewood

Assault and battery cases in Inglewood are prosecuted in the Inglewood Courthouse, part of the Los Angeles County Superior Court system, located at:

Inglewood Courthouse One Regent Street Inglewood, CA 90301

Understanding the court process can help you make informed decisions about your case and reduce anxiety about what to expect.

Arrest and Booking

Most assault and battery cases begin with an arrest. You may be arrested:

  • At the scene of the alleged incident
  • After the alleged victim reports the incident to police
  • Pursuant to an arrest warrant

After arrest, you will be booked into jail, fingerprinted, photographed, and held pending arraignment. Depending on the charges and your criminal history, you may be eligible for release on bail or on your own recognizance (OR release).

Arraignment

The arraignment is your first court appearance, typically occurring within 48 hours of arrest (or within a few weeks if you were not arrested). At the arraignment:

  • The judge informs you of the charges
  • You enter a plea of guilty, not guilty, or no contest
  • The judge sets bail or modifies bail conditions
  • The court schedules the next hearing

We always advise clients to plead not guilty at the arraignment. This preserves all of your legal rights and allows us time to investigate the case and negotiate with prosecutors.

Pretrial Conferences

After the arraignment, there will be one or more pretrial conferences (also called pretrial hearings). These hearings allow your attorney to:

  • Receive and review evidence from the prosecution (discovery)
  • File and argue pretrial motions to suppress evidence or dismiss charges
  • Negotiate with prosecutors for dismissal or reduction of charges
  • Prepare for trial if necessary

The vast majority of criminal cases are resolved during the pretrial stage through negotiation. However, we always prepare every case as if it will go to trial, which strengthens our negotiating position.

Motions

We may file various pretrial motions, including:

  • Motion to Suppress Evidence: Seeks to exclude evidence obtained in violation of your constitutional rights
  • Pitchess Motion: Requests disclosure of the arresting officer’s personnel records, including prior complaints of misconduct, dishonesty, or excessive force
  • Motion to Dismiss under PC § 995: Challenges the sufficiency of the evidence presented at the preliminary hearing (for felony cases)
  • Motion in Limine: Seeks to exclude prejudicial or irrelevant evidence from trial

Preliminary Hearing (Felony Cases Only)

If you are charged with a felony, you are entitled to a preliminary hearing within 10 court days of arraignment (if in custody) or 60 days (if out of custody). At the preliminary hearing:

  • The prosecution presents evidence to establish probable cause that you committed the charged offense
  • Your attorney can cross-examine prosecution witnesses
  • The judge determines whether there is sufficient evidence to hold you to answer (proceed to trial)

The preliminary hearing provides an invaluable opportunity to lock in witness testimony, assess the strength of the prosecution’s case, and sometimes negotiate favorable resolutions.

Trial

If your case proceeds to trial, you have the constitutional right to a jury trial. At trial:

  • Both sides deliver opening statements
  • The prosecution presents its evidence and witnesses
  • Your attorney cross-examines prosecution witnesses
  • Your attorney presents defense evidence and witnesses
  • Both sides deliver closing arguments
  • The jury deliberates and returns a verdict

The prosecution must prove every element of the charges beyond a reasonable doubt—the highest burden of proof in the American legal system. If the jury finds you not guilty, you are acquitted and the case is over. If the jury convicts you, the case proceeds to sentencing.

Sentencing

If you are convicted or enter a plea, the judge will sentence you at a sentencing hearing. The judge considers:

  • The nature and circumstances of the offense
  • Your criminal history
  • The probation department’s sentencing recommendation
  • Statements from the alleged victim
  • Your attorney’s arguments for leniency
  • Any mitigating or aggravating factors

We present compelling evidence and arguments for the most lenient sentence possible, including character letters, proof of employment, completion of counseling or anger management, and other mitigating factors.

Diversion Programs and Alternative Sentencing

In some assault and battery cases, defendants may be eligible for diversion programs or alternative sentencing that can result in dismissal of charges or reduced penalties:

Pretrial Diversion

Under California Penal Code § 1001.95, enacted in 2021, courts have discretion to grant pretrial diversion for most misdemeanor offenses and some felonies. If you are granted diversion:

  • Prosecution is suspended
  • You are required to complete counseling, community service, restitution, or other requirements
  • If you successfully complete the diversion program (typically 12-24 months), the charges are dismissed
  • You avoid a criminal conviction

Pretrial diversion is not available if you are charged with certain offenses, including assault or battery against a peace officer or when you have specific prior convictions.

Deferred Entry of Judgment (DEJ)

In some cases, the court may allow you to enter a plea and then defer entry of judgment while you complete counseling, community service, anger management, and other requirements. If you successfully complete the program, you can withdraw your plea and the charges are dismissed.

Mental Health Diversion

Under Penal Code § 1001.36, defendants with qualifying mental health disorders may be eligible for mental health diversion. If granted:

  • Criminal proceedings are suspended
  • You receive mental health treatment for up to two years
  • If you successfully complete treatment, the charges are dismissed

To be eligible, you must have been diagnosed with a qualifying mental health disorder that played a significant role in the charged offense.

Veterans Treatment Court

Veterans charged with assault or battery may be eligible for Veterans Treatment Court, a specialized program that provides treatment, counseling, and services to veterans with substance abuse issues, PTSD, or other service-related conditions. Successful completion can result in dismissal or reduction of charges.

Anger Management and Counseling Programs

Even if formal diversion is not available, we can often negotiate for probation that includes anger management, domestic violence counseling (if applicable), substance abuse treatment, or mental health counseling instead of jail time.

Why Choose Tu Defensor Criminalista for Your Assault and Battery Defense?

When your freedom and future are at stake, you need a criminal defense attorney with:

Extensive Experience in Assault and Battery Cases

Our attorneys have decades of combined experience defending clients against assault and battery charges throughout Inglewood, Los Angeles County, and Southern California. We have handled thousands of cases ranging from simple misdemeanor battery to serious felony charges including assault with a deadly weapon and assault causing great bodily injury.

Proven Track Record of Success

We have achieved outstanding results for our clients, including:

  • Dismissals of felony and misdemeanor charges
  • Not guilty verdicts at trial
  • Reductions from felony to misdemeanor
  • Reductions to non-violent offenses
  • Diversion and alternative sentencing
  • Probation instead of jail or prison time

Knowledge of Local Courts and Prosecutors

We practice regularly in the Inglewood Courthouse and throughout Los Angeles County. We have established relationships with judges, prosecutors, and court staff, which allows us to navigate your case more effectively and develop strategies that resonate with local decision-makers.

Personalized, Client-Centered Representation

We treat every client as an individual with unique circumstances, concerns, and goals. We take the time to listen to your story, understand your priorities, and develop a defense strategy tailored to your needs. You will work directly with an experienced attorney, not a paralegal or case manager.

Bilingual Legal Services

We are fluent in both English and Spanish (Hablamos Español), ensuring clear communication with you and your family members. This is especially important in assault and battery cases where nuanced understanding of events and relationships is critical to building the strongest defense.

24/7 Availability

Assault and battery arrests often happen late at night or on weekends. We are available 24 hours a day, 7 days a week to provide immediate assistance when you need it most. We can meet with you in custody, post bail, and begin working on your defense right away.

Aggressive, Strategic Defense

We are not afraid to take your case to trial when necessary. We thoroughly investigate every case, challenge the prosecution’s evidence at every stage, and fight aggressively to protect your rights and freedom.

Assault and Battery vs. Related Charges

Assault and battery charges are sometimes filed along with or instead of related offenses. Understanding the differences can help you better understand your situation:

Assault and Battery vs. Domestic Violence

When assault or battery occurs against a current or former intimate partner, spouse, cohabitant, or the parent of your child, prosecutors will typically file domestic violence charges under Penal Code §§ 243(e)(1) or 273.5. These offenses carry additional consequences including mandatory batterer’s intervention programs, restraining orders, and firearm prohibitions.

Assault and Battery vs. Disturbing the Peace

Disturbing the peace under Penal Code § 415 is a much less serious misdemeanor that does not involve violence. In some cases, we can negotiate to have assault or battery charges reduced to disturbing the peace, which:

  • Carries lighter penalties (fine or minimal jail time)
  • Is not considered a crime of violence
  • Does not trigger the same collateral consequences
  • May be eligible for expungement more quickly

Assault and Battery vs. Fighting in Public

California Penal Code § 415 also prohibits fighting in public. Like disturbing the peace, this is a much less serious alternative to assault and battery charges.

Assault and Battery vs. Brandishing a Weapon

Brandishing a weapon under Penal Code § 417 prohibits drawing or displaying a deadly weapon in a threatening manner. While serious, it is often a more favorable charge than assault with a deadly weapon.

Frequently Asked Questions

What is the difference between assault and battery in California?

Assault is an unlawful attempt to commit a violent injury, while battery is the actual unlawful use of force or violence on another person. You can be convicted of assault even if you never touched anyone, as long as you had the present ability to do so and took a direct step toward committing a battery. Battery requires actual physical contact.

Can I be charged with assault and battery for the same incident?

Yes. Prosecutors often charge both assault and battery arising from the same incident. You can be convicted of both offenses, though they typically merge for sentencing purposes.

What if the alleged victim doesn’t want to press charges?

Even if the alleged victim does not want to press charges, prosecutors can still pursue the case using other evidence such as witness statements, police observations, medical records, and 911 recordings. However, cases are generally more difficult to prove without a cooperative victim, which can create leverage for negotiating favorable resolutions.

Is assault with a deadly weapon always a felony?

No. Assault with a deadly weapon under Penal Code § 245(a)(1) is a wobbler offense that can be charged as either a misdemeanor or felony depending on the circumstances and your criminal history. We work to have the charge filed or reduced to a misdemeanor whenever possible.

Will I go to jail if convicted of assault or battery?

Not necessarily. For misdemeanor offenses and even some felonies, defendants often receive probation instead of jail or prison time, especially for first offenses or when mitigating circumstances exist. We advocate aggressively for alternatives to incarceration including probation, diversion, community service, and counseling.

Can an assault or battery charge be expunged from my record?

Yes, in many cases. Under California Penal Code § 1203.4, individuals who successfully complete probation can petition to have their conviction dismissed (expunged). While an expunged conviction still appears in certain contexts such as professional licensing and immigration proceedings, it can significantly help with employment and housing.

What should I do if I’m arrested for assault or battery?

Exercise your right to remain silent and immediately request an attorney. Do not make any statements to police, as anything you say can and will be used against you in court. Contact an experienced criminal defense attorney as soon as possible. We can meet with you in custody, post bail, and begin building your defense immediately.

How much does it cost to hire an assault and battery defense attorney?

Legal fees vary depending on the complexity of the case, whether it proceeds to trial, and other factors. We offer free consultations where we can discuss your case and provide transparent information about our fees. We also offer payment plans to make quality legal representation accessible.

What happens if I’m convicted of assault or battery and I’m not a U.S. citizen?

Assault and battery convictions can have severe immigration consequences including deportation, inadmissibility, and denial of naturalization. It is critical to work with an attorney who understands immigration law and can structure plea agreements to avoid triggering these consequences whenever possible.

Can I claim self-defense if I was the one who started the fight?

Generally, you cannot claim self-defense if you were the initial aggressor. However, if you attempted to withdraw from the confrontation and communicated that withdrawal to the other person, you may regain the right to self-defense if the other person continues to attack you.

Local Resources in Inglewood

For individuals dealing with violence-related issues or seeking community support, the following resources are available:

  • Inglewood Police Department Non-Emergency: (310) 412-5210
  • Los Angeles County Department of Mental Health: 1-800-854-7771 (24-hour hotline)
  • STAR (Systematic Therapeutic Assessment Resources) Program: Mobile crisis response for mental health emergencies
  • Inglewood Family Resource Center: Community support and family services
  • Los Angeles County Department of Public Health – Violence Prevention: Resources and programs focused on violence prevention

Contact Tu Defensor Criminalista Today for a Free Consultation

If you have been arrested or charged with assault or battery in Inglewood, California, time is of the essence. The sooner we begin working on your case, the better your chances of achieving a favorable outcome. At Tu Defensor Criminalista, we provide aggressive, strategic defense representation to protect your rights, your freedom, and your future.

Contact Information

Service areasServing Inglewood and nearby communities
LanguagesEnglish & Spanish (Hablamos Español)
Get a Free Consultation

We offer free, confidential consultations to discuss your case, answer your questions, and explain your legal options. Our attorneys are available 24 hours a day, 7 days a week to provide immediate assistance when you need it most.

Don’t face assault and battery charges alone. Contact Tu Defensor Criminalista today and let us fight for you.


Citations and References

  1. U.S. Census Bureau. “QuickFacts: Inglewood city, California.” Available at: https://www.census.gov/quickfacts/fact/table/inglewoodcitycalifornia[6]
  2. Federal Bureau of Investigation. “Uniform Crime Reporting (UCR) Program: Crime in the United States.” Available at: https://ucr.fbi.gov/crime-in-the-u.s[1]
  3. California Department of Justice, Criminal Justice Statistics Center. “Crime Statistics: Crimes & Clearances.” Available at: https://openjustice.doj.ca.gov/exploration/crime-statistics/crimes-clearances[3]
  4. NeighborhoodScout. “Inglewood, CA Crime Rates.” Available at: https://www.neighborhoodscout.com/ca/inglewood/crime[2]
  5. City of Inglewood. “Crime Statistics.” Available at: https://www.[5]cityofinglewood[5].org/659/Crime-Statistics[5]
  6. Los Angeles County Sheriff’s Department. “Transparency: Crime Statistics.” Available at: https://lasd.org/transparency/[4]
  7. California Courts. “Criminal Law: Understanding the Process.” Judicial Branch of California. Available at: https://www.courts.ca.gov/selfhelp-criminaltrial.htm[7]
  8. California Legislative Information. “Penal Code Section 240-248.” Available at: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=9.&article=[8]
  9. California Department of Justice. “Crime in California 2023.” Office of the Attorney General. Available at: https://oag.ca.gov/crime[9]
  10. Los Angeles County Superior Court. “Inglewood Courthouse Information.” Available at: https://www.lacourt.org/courthouse/info/inglewood[10]
  11. California Courts. “Pretrial Diversion.” Judicial Branch of California. Available at: https://[11]www[11].courts.ca.gov/pretrial-diversion.htm[11]
  12. Los Angeles County Department of Mental Health. “Crisis and Emergency Services.” Available at: https:[12]/[12]/dmh.lacounty.gov/our-services/urgent-care/[12]
  13. U.S. Department of Justice, Bureau of Justice Statistics. “Violent Crime.” Available at: https://[13]bjs[13].ojp.gov/topics/crime/violent-crime[13]
  14. California State Legislature. “Assembly Bill 1950: Criminal Procedure: Probation.” (2020). Available at: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1950[14]
  15. Los Angeles County Department of Public Health. “Violence Prevention Resources.” Available at: http://publichealth.lacounty.gov/ivpp/[15]

Sources

  1. FBI’s Uniform Crime Reporting (UCR) Program (ucr.fbi.gov)
  2. Neighborhood Scout crime statistics (neighborhoodscout.com)
  3. California Department of Justice’s Criminal Justice Statistics Center (openjustice.doj.ca.gov)
  4. Los Angeles County Sheriff’s Department (lasd.org)
  5. City of Inglewood Police Department (cityofinglewood.org)
  6. https://www.census.gov/quickfacts/fact/table/inglewoodcitycalifornia (census.gov)
  7. https://www.courts.ca.gov/selfhelp-criminaltrial.htm (courts.ca.gov)
  8. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=9.&article= (leginfo.legislature.ca.gov)
  9. https://oag.ca.gov/crime (oag.ca.gov)
  10. https://www.lacourt.org/courthouse/info/inglewood (lacourt.org)
  11. https:// (courts.ca.gov)
  12. https: (dmh.lacounty.gov)
  13. https:// (bjs.ojp.gov)
  14. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1950 (leginfo.legislature.ca.gov)
  15. http://publichealth.lacounty.gov/ivpp/ (publichealth.lacounty.gov)

Client Trust & Avvo Recognition

Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.

I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Christian
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
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I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Connie
He cares and did everything possible to help me resolve my case. I was worried about my hit and run and DUI case. Not only did he go to court...
Pablo M.
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
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Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
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