Assault and Battery Attorney in Pomona

Aggressive Defense for Violent Crime Charges

When you’re facing assault and battery charges in Pomona, California, the stakes couldn’t be higher. A conviction for violent crimes can result in lengthy jail or prison sentences, massive fines, a permanent criminal record, and devastating consequences for your employment, education, and personal relationships. At Tu Defensor Criminalista, we provide aggressive, strategic defense representation for individuals accused of assault, battery, and related violent offenses in Pomona and throughout Los Angeles County.

Pomona, with its population of approximately 151,713 residents, is a vibrant city in eastern Los Angeles County with diverse neighborhoods and communities. According to FBI Uniform Crime Reporting statistics^[1], violent crime rates in California cities require serious legal attention, and assault and battery charges are among the most commonly prosecuted offenses in the state. Whether you’re accused of simple battery, aggravated assault, domestic violence, or assault with a deadly weapon, you need an experienced Pomona assault and battery attorney who understands California’s complex violent crime laws and knows how to fight for your freedom.

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Understanding Assault and Battery Laws in California

Many people use the terms “assault” and “battery” interchangeably, but under California law, they are distinct offenses with different legal elements. Understanding the difference is critical to mounting an effective defense.

What is Battery Under California Law?

Battery is defined under California Penal Code Section 242 as any willful and unlawful use of force or violence upon another person. The key elements prosecutors must prove beyond a reasonable doubt include:

• You willfully touched another person
• The touching was done in a harmful or offensive manner
• The other person did not consent to the touching

Importantly, battery does not require that you intended to injure the other person or even that any injury occurred. Even the slightest unwanted touching can constitute battery under California law. Simple battery is typically charged as a misdemeanor and carries penalties of up to six months in county jail and fines up to $2,000.

However, when battery results in serious bodily injury, it becomes “battery causing serious bodily injury” under Penal Code Section 243(d), a “wobbler” offense that can be charged as either a misdemeanor or felony. Serious bodily injury includes significant impairment of physical condition, such as broken bones, severe cuts, concussions, or injuries requiring extensive medical treatment.

What is Assault Under California Law?

Assault is defined under California Penal Code Section 240 as an unlawful attempt, coupled with present ability, to commit a violent injury upon another person. Unlike battery, assault does not require actual physical contact. The prosecution must prove:

• You acted in a way that would directly and probably result in force being applied to another person
• You acted willfully
• You were aware of facts that would lead a reasonable person to realize the act would directly and probably result in force being applied to someone else
• You had the present ability to apply force

Simple assault is a misdemeanor punishable by up to six months in county jail and fines up to $1,000. However, assault charges can be elevated to felonies based on various aggravating factors, including the use of weapons, the identity of the victim, or the severity of injuries.

Aggravated Assault Charges in Pomona

California law provides for enhanced penalties when assault involves certain aggravating circumstances. Common aggravated assault charges include:

• Assault with a Deadly Weapon (ADW) – Penal Code Section 245(a)(1): This charge applies when assault is committed using any object capable of producing death or great bodily injury, including firearms, knives, vehicles, or even everyday objects used in a dangerous manner. ADW is a felony carrying two, three, or four years in state prison.
• Assault with a Firearm – Penal Code Section 245(a)(2): Using a firearm to commit assault results in more severe penalties, including two, three, or four years in state prison, with enhancements if the firearm was discharged.
• Assault on a Peace Officer – Penal Code Section 245(c): Assaulting police officers, firefighters, or other protected individuals carries enhanced penalties, with potential sentences ranging from one to five years in state prison depending on whether a deadly weapon was used.
• Assault Likely to Produce Great Bodily Injury (GBI) – Penal Code Section 245(a)(4): This charge applies when the assault was committed with force likely to produce substantial physical injury, even without a weapon. It’s punishable by two, three, or four years in state prison.

Common Assault and Battery Charges We Defend in Pomona

Our criminal defense practice handles the full spectrum of assault and battery cases in Pomona Superior Court and throughout Los Angeles County. The most common charges we defend include:

Domestic Violence Assault and Battery

Domestic violence cases represent a significant portion of assault and battery prosecutions in Pomona. According to the California Department of Justice’s Criminal Justice Statistics Center^[2], domestic violence arrests occur frequently throughout California. These cases involve allegations of violence against intimate partners, spouses, former spouses, cohabitants, or the parent of your child.

California Penal Code Section 273.5 makes it illegal to inflict corporal injury resulting in a traumatic condition upon an intimate partner. This “wobbler” offense can result in up to four years in state prison if charged as a felony. Even simple battery against a spouse or partner under Penal Code Section 243(e)(1) carries enhanced penalties and mandatory domestic violence counseling.

Domestic violence cases are particularly challenging because they often involve:

• Allegations made during emotionally charged situations
• Inconsistent or exaggerated statements from alleged victims
• Police who make arrests based on policy rather than evidence
• Reluctant or uncooperative witnesses
• Civil restraining orders that affect custody and property rights
• Mandatory protective orders that prevent contact with family members

Simple Battery (PC 242)

Simple battery charges often arise from bar fights, arguments that escalate to pushing or shoving, sports-related confrontations, or misunderstandings. While classified as a misdemeanor, a battery conviction still creates a criminal record and can result in jail time. Many battery cases can be resolved through diversion programs, plea negotiations, or dismissal when we successfully demonstrate self-defense or lack of evidence.

Assault with a Deadly Weapon (PC 245(a)(1))

ADW charges are serious felonies that dramatically impact your future. These cases often involve allegations of using knives, firearms, vehicles, baseball bats, bottles, or even fists and feet (when used against particularly vulnerable victims). The prosecution must prove that the object was capable of causing death or serious injury and that it was used in a manner likely to produce such harm.

Elder Abuse (PC 368)

California takes elder abuse extremely seriously. Physical abuse of anyone 65 years or older carries enhanced penalties under Penal Code Section 368. These charges commonly arise in family disputes, caretaker situations, or nursing home environments. Convictions can result in up to four years in state prison and automatic strikes under California’s Three Strikes Law.

Assault on School Property or Against Teachers

Assaulting school employees or committing battery on school grounds (Penal Code Sections 241.6 and 243.6) results in enhanced penalties. Given Pomona’s numerous schools and educational institutions, these charges arise when students, parents, or others are accused of violence against teachers, administrators, or security personnel.

Battery Against Public Transit Personnel

Pomona residents and visitors frequently use public transportation, and California law provides enhanced penalties for battery against bus drivers, transit employees, and transit passengers under Penal Code Sections 243.3 and 243.35. These charges carry mandatory minimum sentences and can result in felony convictions.

Why Assault and Battery Charges Are Filed in Pomona

Understanding the circumstances that lead to assault and battery arrests in Pomona helps us build stronger defenses and challenge the prosecution’s case. Common scenarios include:

Alcohol-Related Incidents

Many assault and battery arrests in Pomona occur in or near the city’s bars, restaurants, and entertainment venues. According to the National Institute on Alcohol Abuse and Alcoholism^[3], alcohol is involved in a significant percentage of violent crimes nationwide. Intoxication can lead to misunderstandings, poor judgment, and physical confrontations. However, alcohol consumption does not eliminate your right to self-defense or justify wrongful prosecution.

Domestic Disputes

Pomona Police Department responds to hundreds of domestic violence calls annually. These situations are emotionally charged, and officers often make arrests based on mandatory arrest policies rather than thorough investigation. Many domestic violence allegations arise from:

• Arguments that escalate during divorce or separation
• Custody disputes where one parent makes false accusations
• Mental health crises or substance abuse issues
• Cultural or language barriers that lead to misunderstandings
• Retaliation for perceived infidelity or relationship problems

Mutual Combat Situations

Street fights, bar brawls, and confrontations between rival groups sometimes result in assault charges against multiple parties. California law recognizes mutual combat as a potential defense, but prosecutors frequently charge all participants regardless of who initiated the violence or whether both parties agreed to fight.

Self-Defense Situations

Many assault and battery charges arise when individuals defend themselves, their property, or others from attack. California law provides robust self-defense rights, but law enforcement and prosecutors sometimes ignore legitimate self-defense claims, especially when the person exercising self-defense caused more serious injuries to the attacker.

Misidentification and False Accusations

Assault and battery charges sometimes result from mistaken identity, particularly in chaotic situations involving multiple people. Additionally, false accusations occur in custody battles, revenge scenarios, or situations where alleged victims have motives to lie.

Penalties for Assault and Battery Convictions in Pomona

The consequences of assault and battery convictions vary widely depending on the specific charges, your criminal history, and aggravating or mitigating factors. Understanding potential penalties underscores the importance of aggressive legal defense.

Misdemeanor Assault and Battery Penalties

Simple assault and battery charged as misdemeanors typically result in:

• Up to six months in Los Angeles County jail
• Misdemeanor probation for up to three years
• Fines ranging from $1,000 to $2,000
• Victim restitution for medical expenses and other losses
• Anger management or batterer’s intervention programs (52 weeks for domestic violence)
• Community service requirements
• Protective orders preventing contact with victims
• A permanent criminal record affecting employment and housing

Even misdemeanor convictions carry serious collateral consequences. According to the U.S. Bureau of Labor Statistics^[4], many employers conduct background checks and may refuse to hire individuals with violent crime convictions. Professional licenses, educational opportunities, and housing applications are also affected.

Felony Assault and Battery Penalties

Felony assault and battery convictions result in substantially harsher penalties:

Standard Felony Terms:

• Two, three, or four years in California state prison (for most aggravated assault charges)
• Formal felony probation with strict conditions (in some cases)
• Fines up to $10,000
• Victim restitution potentially totaling thousands of dollars
• Loss of gun rights under California and federal law
• Strikes under California’s Three Strikes Law
• Immigration consequences including deportation for non-citizens

Enhanced Penalties:

• Great bodily injury enhancements add three to six years to prison sentences
• Use of a firearm adds three, four, or ten years (or 25 years to life if discharged)
• Gang enhancements add two, three, or four years
• Prior strike convictions can double or triple sentences
• Assault on peace officers can result in five years in prison

Long-Term Consequences of Assault and Battery Convictions

Beyond immediate penalties, assault and battery convictions create lasting problems:

• Employment: Violent crime convictions make finding employment extremely difficult. Background checks reveal these convictions, and employers in Pomona and throughout California often refuse to hire individuals with assault or battery records, particularly for positions involving public contact, vulnerable populations, or positions of trust.
• Professional Licensing: California licensing boards for healthcare workers, teachers, attorneys, contractors, real estate agents, and numerous other professions consider assault and battery convictions when evaluating applications. Convictions can result in license denial, suspension, or permanent revocation.
• Immigration Status: For non-citizens, assault and battery convictions can be devastating. The U.S. Citizenship and Immigration Services^[5] considers violent crimes as grounds for deportation, inadmissibility, and denial of naturalization. Even lawful permanent residents can face removal from the United States following assault convictions.
• Gun Rights: Any assault or battery conviction involving domestic violence results in a lifetime federal ban on firearm possession under 18 U.S.C. § 922(g)(9). Other assault convictions result in ten-year prohibitions under California law or lifetime bans for felonies.
• Custody and Family Law: Assault and battery convictions, particularly domestic violence cases, significantly impact child custody determinations. California family courts presume that awarding custody to parents with domestic violence convictions is detrimental to the child’s best interests.
• Housing: Landlords frequently deny rental applications based on violent crime convictions. Public housing authorities also consider criminal history when evaluating eligibility.
• Education: Colleges and universities may deny admission or revoke scholarships based on assault and battery convictions. According to the National Center for Education Statistics^[6], many educational institutions require disclosure of criminal history and consider this information in admissions decisions.

Defenses to Assault and Battery Charges

Assault and battery cases can be successfully defended using various legal strategies. At Tu Defensor Criminalista, we thoroughly analyze every aspect of your case to identify the strongest defenses available.

Self-Defense and Defense of Others

California law provides a complete defense when you reasonably believed you or someone else was in imminent danger of suffering bodily injury or being touched unlawfully, and you reasonably believed that immediate use of force was necessary to defend against that danger, and you used no more force than was reasonably necessary.

Self-defense claims require careful presentation of evidence demonstrating:

• The threat was immediate and credible
• You reasonably perceived danger
• Your response was proportional to the threat
• You did not provoke the confrontation
• You had no reasonable means of retreat (though California does not require retreat)

We support self-defense claims through witness testimony, surveillance footage, medical evidence showing your injuries, expert testimony about threat assessment, and evidence of the alleged victim’s history of violence.

Lack of Willfulness

Assault and battery require willful conduct. If the touching or attempt to apply force was accidental, you cannot be convicted. Common scenarios involving lack of willfulness include:

• Accidentally bumping into someone in a crowd
• Injuries resulting from sports or recreational activities where contact is expected
• Stumbling or falling into another person
• Reflexive movements during medical emergencies or seizures
• Actions taken while unconscious or during involuntary intoxication

False Accusations

Unfortunately, false accusations occur frequently in assault and battery cases. People fabricate allegations for various reasons:

• Revenge or retaliation for perceived wrongs
• Gaining advantage in divorce or custody proceedings
• Covering up their own criminal conduct or infidelity
• Mental health issues or attention-seeking behavior
• Financial motives, including civil lawsuits or insurance claims

We expose false accusations through:

• Inconsistencies in the accuser’s statements to police, medical personnel, and friends
• Lack of physical evidence supporting the allegations
• Impeachment evidence showing the accuser’s bias or motive to lie
• Witness testimony contradicting the accusations
• Electronic evidence (texts, emails, social media) undermining credibility
• Prior false accusations by the same individual

Insufficient Evidence

The prosecution bears the burden of proving every element of assault and battery beyond a reasonable doubt. If the evidence is insufficient, weak, or contradictory, we challenge the prosecution’s case through:

• Motions to dismiss for lack of probable cause
• Demonstrating reasonable doubt in jury arguments
• Highlighting gaps in the investigation
• Challenging the credibility of prosecution witnesses
• Presenting alternative explanations for injuries or evidence

Lack of Injury or Harm

For battery causing serious bodily injury charges, we challenge whether the injuries qualify as “serious” under California law. Minor bruises, scratches, or temporary pain do not constitute serious bodily injury. Medical records, expert testimony, and photographic evidence help demonstrate that injuries were minor or non-existent.

Violation of Constitutional Rights

Law enforcement must respect your constitutional rights during investigation and arrest. Common violations we challenge include:

• Illegal Detention and Arrest: Police must have reasonable suspicion to detain you and probable cause to arrest. Without legal justification, any statements or evidence obtained can be suppressed.
• Miranda Violations: If police interrogate you in custody without advising you of your Miranda rights, your statements may be inadmissible.
• Illegal Searches: Evidence obtained through unconstitutional searches of your person, vehicle, or home can be excluded from trial.
• Coerced Confessions: Statements obtained through threats, promises, or psychological coercion are inadmissible.

Witness Credibility Issues

Assault and battery cases often depend heavily on witness testimony. We challenge witness credibility by demonstrating:

• Prior inconsistent statements
• Bias or motive to lie
• Impaired perception due to darkness, distance, or intoxication
• Physical impossibility of observations claimed
• Criminal history affecting truthfulness

Defense of Property

California law allows reasonable force to protect property from imminent harm. If you used force to prevent theft, vandalism, or trespass, this may provide a complete defense, provided the force used was reasonable under the circumstances.

The Pomona Criminal Court System

Assault and battery cases in Pomona are prosecuted in the Pomona Superior Court, located at 400 Civic Center Plaza, Pomona, CA 91766. Understanding the local court system and procedures helps us navigate your case effectively.

The Los Angeles County Superior Court^[7] is the nation’s largest unified court system. The Pomona courthouse handles criminal cases for eastern Los Angeles County communities, including Pomona, Diamond Bar, La Verne, San Dimas, Claremont, and surrounding areas.

The Criminal Process in Assault and Battery Cases

• Arrest and Booking: Following your arrest, you’ll be transported to the Pomona Police Department or Los Angeles County Sheriff’s facility for booking. This includes fingerprinting, photographing, and recording of personal information.
• Arraignment: Within 48 hours (excluding weekends and holidays), you must appear before a judge for arraignment. At this hearing, you’re formally notified of charges, you enter a plea, and the judge addresses bail. Having an attorney at arraignment is critical for arguing bail reduction and ensuring you don’t make damaging admissions.
• Pretrial Proceedings: Your case proceeds through multiple court dates where we engage in discovery (obtaining prosecution evidence), file motions to suppress evidence or dismiss charges, and negotiate with prosecutors.
• Preliminary Hearing (Felonies): In felony cases, a preliminary hearing determines whether sufficient evidence exists to proceed to trial. This hearing provides an opportunity to test the prosecution’s evidence and lock in witness testimony for later impeachment.
• Trial: If your case doesn’t resolve through dismissal or plea agreement, we proceed to jury trial where the prosecution must prove your guilt beyond a reasonable doubt.
• Sentencing: If convicted, the judge imposes penalties according to California sentencing guidelines, considering aggravating and mitigating factors.

How the Los Angeles County District Attorney’s Office Prosecutes Assault and Battery Cases

The Los Angeles County District Attorney’s Office^[8] employs hundreds of prosecutors who handle assault and battery cases throughout the county. Understanding their approach helps us develop effective defense strategies.

Prosecutors evaluate cases based on factors including:

• Severity of injuries
• Use of weapons
• Defendant’s criminal history
• Victim vulnerability (children, elderly, disabled)
• Evidence strength
• Witness cooperation
• Public safety concerns

Domestic violence cases receive special attention through dedicated prosecutors trained in handling intimate partner violence. These prosecutors often take aggressive stances, even when victims recant or refuse to cooperate.

However, prosecutors also have discretion to offer favorable plea agreements or dismiss weak cases. Our experience negotiating with Los Angeles County prosecutors enables us to present mitigating evidence, challenge weak evidence, and advocate for charge reductions or alternative sentencing.

Why Immediate Legal Representation Is Critical

The decisions you make immediately after arrest significantly impact your case outcome. Many defendants make devastating mistakes by:

• Speaking to police without an attorney
• Admitting facts that strengthen the prosecution’s case
• Consenting to searches
• Waiving important rights
• Failing to preserve exculpatory evidence
• Waiting too long to hire an attorney

When you contact Tu Defensor Criminalista immediately, we can:

• Advise you of your rights and protect you during police questioning
• Begin investigating the case while witnesses and evidence are available
• Document injuries and evidence supporting self-defense
• File motions to preserve surveillance footage and other evidence
• Interview witnesses before memories fade
• Negotiate with prosecutors before formal charges are filed
• Arrange bail and secure your release from custody
• Prevent you from making statements that could be used against you

The earlier we become involved, the more opportunities we have to influence the outcome favorably.

Our Approach to Defending Assault and Battery Cases

At Tu Defensor Criminalista, we provide comprehensive, strategic defense tailored to your specific circumstances. Our approach includes:

Thorough Case Investigation

We conduct detailed investigations including:

• Reviewing all police reports, witness statements, and evidence
• Analyzing body camera footage and surveillance video
• Interviewing witnesses who support your defense
• Photographing the scene and documenting physical evidence
• Obtaining medical records showing your injuries or lack of victim injuries
• Consulting with medical experts, forensic specialists, and reconstruction experts
• Researching the backgrounds of prosecution witnesses and alleged victims
• Investigating the arresting officers’ histories for patterns of misconduct

Strategic Pretrial Motions

We file aggressive pretrial motions designed to strengthen your defense:

• Motions to Suppress Evidence: Challenging illegally obtained evidence
• Pitchess Motions: Discovering police misconduct records
• Motions to Dismiss: Arguing insufficient evidence or legal defects
• Motions in Limine: Excluding prejudicial or irrelevant evidence
• Motions for Diversion: Seeking alternative resolution programs

Success with pretrial motions can result in case dismissal, exclusion of critical evidence, or leverage for favorable negotiations.

Aggressive Plea Negotiations

While we prepare every case for trial, we also pursue favorable plea agreements when appropriate. Our negotiations with Los Angeles County prosecutors have resulted in:

• Reduction of felony charges to misdemeanors
• Dismissal of charges through diversion programs
• Reduction of assault charges to disturbing the peace
• Alternative sentencing avoiding jail time
• Agreements protecting immigration status
• Opportunities for record expungement after probation

We never recommend plea agreements unless they serve your best interests. We provide honest assessments of your case so you can make informed decisions.

Trial Excellence

When your case proceeds to trial, we provide experienced, aggressive courtroom representation:

• Selecting favorable jurors through strategic voir dire
• Presenting powerful opening statements framing your defense
• Cross-examining prosecution witnesses to expose weaknesses
• Presenting compelling defense evidence and witnesses
• Educating jurors about reasonable doubt and prosecution burdens
• Delivering persuasive closing arguments
• Fighting for not guilty verdicts

Pomona-Specific Considerations in Assault and Battery Cases

Pomona’s unique characteristics influence assault and battery prosecutions:

Diverse Community

Pomona is one of Los Angeles County’s most diverse cities, with significant Latino, African American, Asian, and white populations. Cultural differences sometimes contribute to misunderstandings that escalate to assault allegations. Language barriers can complicate witness statements and police investigations. Our bilingual services ensure effective communication and culturally competent representation.

Law Enforcement Practices

The Pomona Police Department serves a community of over 150,000 residents. According to California Department of Justice crime statistics^[2], law enforcement agencies throughout California make thousands of assault arrests annually. Pomona police employ body cameras, which provide valuable evidence for defense purposes, but officers sometimes make arrests based on policies rather than thorough investigation, particularly in domestic violence cases.

Gang Allegations

Certain Pomona neighborhoods have experienced gang activity, and prosecutors sometimes allege gang enhancements in assault cases to secure harsher penalties. Gang allegations add two, three, or four years to prison sentences and can elevate misdemeanors to felonies. We aggressively challenge gang allegations through expert testimony and evidence undermining gang membership claims.

Community Resources

Pomona offers various resources for individuals facing assault charges:

The Los Angeles County Department of Mental Health^[9] provides counseling and mental health services that can help address underlying issues contributing to violence allegations. Participation in counseling demonstrates rehabilitation to prosecutors and judges.

Community organizations throughout Pomona offer anger management programs, substance abuse treatment, and family counseling services that can support your defense and rehabilitation.

Protecting Your Future: Long-Term Consequences Beyond Criminal Penalties

Assault and battery convictions affect your life far beyond jail time and fines. Understanding these collateral consequences emphasizes why aggressive defense is essential.

Employment Impact

Violent crime convictions create significant employment barriers. Many Pomona employers, particularly large corporations, healthcare facilities, schools, and government agencies, conduct thorough background checks. Assault and battery convictions can disqualify you from:

• Healthcare positions
• Teaching and childcare
• Security and law enforcement
• Government employment
• Positions requiring professional licenses
• Jobs involving vulnerable populations
• Positions of financial responsibility

Even when not automatically disqualifying, convictions force you to explain criminal history during interviews, putting you at a competitive disadvantage.

Immigration Consequences

Pomona’s substantial immigrant community faces unique risks from assault and battery convictions. Crimes involving moral turpitude and aggravated felonies trigger immigration consequences including:

• Deportation and removal proceedings
• Inadmissibility preventing reentry to the United States
• Denial of naturalization applications
• Ineligibility for visa renewals
• Bars to immigration relief and adjustment of status

We work closely with immigration attorneys to structure plea agreements that minimize or eliminate immigration consequences when possible.

Professional Licensing

California licensing boards regulate hundreds of professions. Assault and battery convictions can result in:

• Denial of license applications
• Suspension of existing licenses
• Revocation proceedings
• Restrictions on practice scope
• Mandatory reporting to clients and employers

Affected professions include doctors, nurses, therapists, attorneys, contractors, real estate agents, security guards, teachers, and many others.

Firearm Rights

California and federal law prohibit firearm possession following certain assault and battery convictions:

• Lifetime federal ban for domestic violence misdemeanors
• Ten-year California ban for violent misdemeanors
• Lifetime ban for felony convictions
• Prohibitions on purchasing, possessing, or owning firearms and ammunition

For individuals who hunt, collect firearms, or require guns for employment, these prohibitions are particularly damaging.

Family Law and Custody

Assault and battery convictions dramatically affect family law matters:

• Presumption against custody for domestic violence convictions
• Supervised visitation requirements
• Impact on spousal support determinations
• Consideration in divorce proceedings
• Permanent restraining orders

Protecting your parental rights requires aggressive defense of assault charges, particularly in domestic violence cases.

Alternative Sentencing and Diversion Programs

California offers various programs allowing assault and battery defendants to avoid conviction through successful completion of requirements. We pursue these options when available:

Pretrial Diversion Programs

Some jurisdictions offer pretrial diversion for first-time offenders charged with minor assault or battery. Successful completion results in dismissal of charges. Requirements typically include:

• Anger management or batterer’s intervention programs
• Community service
• Victim restitution
• No new arrests during the diversion period (usually 6-12 months)

Deferred Entry of Judgment

In some cases, we negotiate deferred entry of judgment where you plead guilty but judgment is deferred pending successful completion of probation conditions. After completion, charges are dismissed, and you can pursue record expungement.

Probation Instead of Prison

Even in felony cases, we often secure probation instead of state prison. California allows felony probation in many assault cases, particularly for first-time offenders or when mitigating circumstances exist. Probation allows you to remain in the community while complying with conditions including:

• Regular meetings with probation officer
• Anger management or counseling programs
• Drug and alcohol testing
• Community service
• Protective orders
• Search and seizure conditions

Mental Health Diversion (PC 1001.36)

California’s mental health diversion program, enacted in 2018, allows defendants with qualifying mental health conditions to receive treatment instead of prosecution. If you successfully complete treatment, charges are dismissed. Eligibility requires:

• Diagnosis of qualifying mental disorder
• Connection between the disorder and the offense
• Treatment availability
• Agreement to comply with treatment
• Lack of unreasonable risk to public safety

We work with mental health professionals to evaluate eligibility and advocate for diversion when appropriate.

Why Choose Tu Defensor Criminalista for Your Pomona Assault and Battery Case

Facing assault and battery charges requires experienced, dedicated legal representation. Tu Defensor Criminalista provides comprehensive criminal defense services distinguished by:

Extensive Experience with Violent Crime Defense

We have successfully defended hundreds of assault and battery cases in Pomona Superior Court and throughout Los Angeles County. Our experience with local prosecutors, judges, and court procedures gives us insights that benefit our clients.

Proven Trial Skills

While many cases resolve through negotiation, some require trial. Our courtroom experience and trial victories demonstrate our commitment to fighting for our clients when necessary. Prosecutors know we’re prepared to take cases to trial, which strengthens our negotiating position.

Personalized Client Service

We recognize that assault and battery charges are stressful and life-altering. We treat every client with respect and compassion, providing regular updates and ensuring you understand your options throughout the process. We’re accessible when you have questions and responsive to your concerns.

Bilingual Representation

Our Spanish-language services ensure that Pomona’s diverse community receives quality legal representation regardless of language. We communicate with clients in their preferred language and ensure they fully understand every aspect of their case.

Strategic Defense Planning

Every case requires a unique defense strategy based on specific facts and circumstances. We thoroughly analyze evidence, identify weaknesses in the prosecution’s case, and develop strategies designed to achieve the best possible outcome, whether that’s dismissal, acquittal, or minimized penalties.

Commitment to Your Rights

We’re dedicated to protecting your constitutional rights and ensuring fair treatment. When police violate your rights or prosecutors overreach, we hold them accountable through aggressive motions practice and trial advocacy.

Understanding of Collateral Consequences

We recognize that the criminal case is just one aspect of your concerns. We consider how different outcomes affect your employment, immigration status, professional licenses, family relationships, and future opportunities. This comprehensive approach ensures we pursue strategies that protect not just your freedom but your entire future.

Taking Action: What to Do If You’re Arrested for Assault or Battery

If you’ve been arrested or accused of assault or battery in Pomona, take these steps immediately:

Exercise Your Right to Remain Silent

You have a constitutional right to remain silent. Politely but firmly tell officers that you wish to exercise this right and that you want to speak with an attorney. Do not attempt to explain, justify, or defend your actions without an attorney present. Even truthful statements can be misinterpreted or used against you.

Do Not Resist Arrest

Even if you believe the arrest is unjust, do not physically resist. Resisting arrest creates additional charges and provides police with justification for using force. Remain calm, comply with lawful orders, and preserve your legal challenges for court.

Document Your Injuries

If you suffered injuries during the incident or arrest, seek medical attention immediately and ensure injuries are photographed and documented. These records provide critical evidence supporting self-defense claims.

Preserve Evidence

Identify witnesses who observed the incident and obtain their contact information. If the incident occurred in an area with surveillance cameras, inform your attorney immediately so we can preserve footage before it’s deleted. Save any text messages, emails, or social media posts relevant to the case.

Avoid Contact with the Alleged Victim

Do not attempt to contact the alleged victim, even to apologize or explain. Such contact violates protective orders and can be used as evidence of harassment or intimidation. All communication must go through attorneys.

Contact an Attorney Immediately

The single most important step is contacting an experienced Pomona assault and battery attorney immediately. Early intervention provides the greatest opportunities to influence the case outcome favorably.

Frequently Asked Questions – Assault and Battery

Contact Tu Defensor Criminalista for Pomona AssauIt and Battery Defense

Remember:

• Request DMV hearing within 10 days of arrest
• Don’t talk to police without attorney
• Don’t plead guilty without exploring defenses
• Free consultation – call now