If you or a loved one has been arrested or charged with assault or battery in El Monte, California, you are facing serious criminal charges that threaten your freedom, your reputation, your employment, and your future. Assault and battery charges—whether simple misdemeanors or aggravated felonies—carry severe penalties including jail or prison time, substantial fines, mandatory anger management classes, restraining orders, probation restrictions, and a permanent criminal record that can destroy your career opportunities and personal relationships.
At Tu Defensor Criminalista, we understand that assault and battery charges often arise from misunderstandings, self-defense situations, false accusations, mutual combat, or circumstances where you were protecting yourself or others from harm. Many of our clients are hardworking, law-abiding individuals who made a split-second decision in a tense, threatening situation, or who are victims of exaggerated or fabricated allegations. Whether you’re charged with simple assault, simple battery, domestic battery, aggravated assault, battery causing serious bodily injury, or assault with a deadly weapon, our experienced criminal defense team is here to provide aggressive representation to protect your rights and fight for your freedom.
El Monte, with a population of approximately 104,639 residents according to the U.S. Census Bureau[1], is a diverse, working-class community in Los Angeles County. According to AreaVibes crime data[2], El Monte experiences approximately 432 violent crime incidents annually, with 228 assault incidents per year—translating to an assault rate of 223.3 per 100,000 residents, which is below California’s average (325.8) but above the national average (256.1). Your chance of becoming a victim of violent crime in El Monte is approximately 1 in 236.
According to the Los Angeles County District Attorney’s Office[3], Los Angeles County prosecutors filed charges in 51% of felony cases presented by law enforcement in 2021, with assault and battery cases representing a significant portion of the criminal caseload. With prosecutors aggressively pursuing convictions, you need an experienced attorney who understands California’s assault and battery laws, self-defense principles, and how to challenge the prosecution’s case.
At Tu Defensor Criminalista, we provide bilingual (English and Spanish) criminal defense representation throughout El Monte and all of Los Angeles County.
Contact us today for a free, confidential consultation. We are available 24/7 to answer your questions and begin building your defense.
Understanding California’s Assault and Battery Laws
California law defines assault and battery as separate but related offenses:
Penal Code Section 240 – Simple Assault
Definition: Assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
Key Elements Prosecution Must Prove:
You did an act that by its nature would directly and probably result in the application of force to another person
You did the act willfully
You were aware of facts that would lead a reasonable person to realize your act would directly and probably result in application of force
You had the present ability to apply force
Important: Assault does NOT require actual physical contact—only the attempt and present ability.
Examples of Simple Assault:
Swinging fist at someone (even if you miss)
Throwing object at someone
Pointing loaded gun at someone
Attempting to kick or strike someone
Making threatening gesture with present ability to follow through
Penalties for Simple Assault (PC 240):
Misdemeanor:
Up to 6 months in county jail
Fine up to $1,000
Summary (informal) probation
Restitution to victim
Community service
Anger management classes
Penal Code Section 242 – Simple Battery
Definition: Battery is any willful and unlawful use of force or violence upon the person of another.
Key Elements Prosecution Must Prove:
You willfully touched another person
The touching was harmful or offensive
You did not act in self-defense or defense of others
Important: Battery REQUIRES actual physical contact, but the contact can be:
Crimes of moral turpitude (many assault/battery offenses)
Aggravated felonies (assault with deadly weapon, serious injury)
Deportation risk
Inadmissibility
Denial of naturalization
Bars to immigration relief
3. Restraining Orders
Criminal protective orders
Stay-away orders from victim
Impact on custody and visitation
Violation is separate crime
4. Loss of Gun Rights
Felony convictions: lifetime gun ban
Domestic violence convictions: lifetime ban (federal and state)
Cannot possess, purchase, or own firearms
5. Custody and Family Law Implications
Evidence of violence affects custody decisions
Supervised visitation only
Termination of parental rights possible
Domestic violence findings impact divorce
6. Professional Consequences
Termination from employment
Inability to work in certain fields (healthcare, childcare, education, law enforcement)
Professional license revocation
Security clearance denial
7. Three Strikes Implications
Serious/violent felony assault convictions count as “strikes”:
First strike: Standard sentence
Second strike: Sentence doubled
Third strike: 25 years to life mandatory
Why Choose Tu Defensor Criminalista?
1. Extensive Assault and Battery Defense Experience
Hundreds of cases successfully defended
Knowledge of California assault/battery law
Experience with self-defense claims
Understanding of Los Angeles County courts
2. Aggressive Investigation and Defense
Immediate investigation of crime scene
Interview all witnesses
Obtain video surveillance
Photograph injuries (yours and alleged victim’s)
Retain experts (medical, use of force, forensics)
3. Self-Defense Expertise
Thorough understanding of self-defense law
Experience presenting justification defenses
Ability to demonstrate reasonable fear and proportional response
4. Bilingual Services (English and Spanish)
Hablamos Español. Essential for El Monte where 82% speak languages other than English:
Full legal services in Spanish
Cultural understanding
Effective communication with clients and witnesses
Court interpretation
5. Local Court Knowledge
Regular appearances at Alhambra and Pomona courthouses
Familiarity with judges and prosecutors
Understanding of local procedures
Relationships facilitate negotiations
6. Compassionate Representation
Understanding that good people make mistakes
Recognition of self-defense situations
Support through difficult process
Non-judgmental approach
7. Protection of Immigration Status
Analysis of immigration consequences
Coordination with immigration attorneys
Strategies minimizing deportation risk
Understanding of crimes of moral turpitude
8. Available 24/7
Immediate response: (888) 315-3326
Emergency consultations
Jail and station representation
Weekend and evening availability
9. Free Confidential Consultations
No-obligation case review
Honest assessment
Strategy discussion
Clear fee explanation
Frequently Asked Questions
Can I claim self-defense if I threw the first punch?
Possibly. If you had a reasonable belief of imminent harm and threw the first punch to defend yourself from an attack you believed was about to occur, self-defense may apply. However, prosecution will argue you were the aggressor. Evidence of victim’s threats, aggressive behavior, or history is critical.
What if we were both fighting (mutual combat)?
Mutual combat is not a complete defense, but it’s a mitigating factor. We can argue for reduced charges, probation instead of jail, or dismissal if circumstances warrant. Both parties being equally culpable affects prosecution decisions.
Will I go to jail for simple assault or battery?
Not necessarily. Many first-time offenders receive probation, community service, and anger management classes. With strong representation, jail can often be avoided, especially if we demonstrate self-defense, lack of injury, or mitigating circumstances.
What if the victim doesn’t want to press charges?
Victim’s wishes don’t control prosecution. District Attorney makes charging decisions. However, uncooperative victims weaken prosecution’s case. We can sometimes negotiate dismissals when victims recant or refuse to testify.
Can I get this dismissed if there are no witnesses?
Possibly. Without independent witnesses, case often becomes “he said/she said.” We attack credibility, highlight inconsistencies, and emphasize lack of corroborating evidence. Many such cases are dismissed or result in favorable plea deals.
What if I was defending someone else?
Defense of others is a complete legal justification similar to self-defense. If you reasonably believed another person was in imminent danger and used proportional force, you should not be convicted.
Will this affect my immigration status?
It can. Many assault/battery convictions are “crimes involving moral turpitude” (CIMTs). Aggravated felonies like assault with deadly weapon almost always result in deportation. We coordinate with immigration attorneys and fight for non-deportable outcomes.
What should I do if arrested for assault/battery?
1. Remain silent – Do not explain or defend yourself to police 2. Request attorney immediately 3. Do not consent to searches 4. Document your injuries (photos, medical treatment) 5. Identify witnesses who can support your version 6. Contact Tu Defensor Criminalista: (888) 315-3326
Take Action Immediately
Assault and battery charges require immediate legal intervention. Evidence disappears, witnesses forget, and opportunities close quickly.
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.
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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...
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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