When you’re facing assault and battery charges in Glendale, California, your future, freedom, and reputation hang in the balance. At Tu Defensor Criminalista, we understand the gravity of your situation and stand ready to provide aggressive, strategic defense representation tailored to the unique challenges of Los Angeles County’s criminal justice system.
Glendale assault and battery cases are prosecuted with intensity through the Los Angeles County Superior Court system. Whether you’re charged with simple battery under California Penal Code 242 PC, assault under Penal Code 240 PC, or more serious felony charges involving deadly weapons or serious bodily injury, you need an experienced criminal defense attorney who knows the Glendale Courthouse, understands local prosecutors’ strategies, and has a proven track record of achieving favorable outcomes for clients.
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Many people use the phrase “assault and battery” as if they’re a single offense, but California law treats these as two distinct crimes with different legal elements, different penalties, and different defense strategies. Understanding the difference between these two charges is crucial not only to understanding what you’re facing, but to mounting the most effective defense possible.
Assault under California Penal Code Section 240[1] is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury upon another person. Importantly, assault does not require actual physical contact—it’s essentially an attempted battery. If you swing at someone but miss, or if you act in a way that would make a reasonable person believe they’re about to be struck, you could be charged with assault.
The phrase “present ability” is a critical component of the assault definition that is often misunderstood. It means that at the time of the alleged act, you must have actually been capable of carrying out the violent injury. For example, threatening someone over the phone does not constitute assault under PC 240 because there is no present ability to inflict harm at that moment. However, if you are standing within arm’s reach of someone while making a threatening gesture, the present ability element is easily satisfied.
It is also important to understand that assault is a general intent crime. This means the prosecution does not need to prove that you specifically intended to injure the alleged victim—only that you willfully performed an act that by its nature would probably result in the application of force to another person. This lower intent standard makes assault charges easier for prosecutors to pursue and harder for defendants to fight without experienced legal representation.
Battery under California Penal Code Section 242[2] is the willful and unlawful use of force or violence upon another person. Unlike assault, battery requires actual physical contact. However, this contact does not need to cause injury or even pain—any offensive or harmful touching can constitute battery under California law.
The scope of what qualifies as “force or violence” under PC 242 is far broader than most people realize. You do not need to punch, kick, or strike someone to be charged with battery. Even pushing someone in line at a grocery store, grabbing someone by the arm during an argument, flicking water at someone in an aggressive manner, or spitting on another person can all result in battery charges. California courts have consistently held that any intentional, offensive contact — however minor — satisfies the physical contact element of battery.
Battery is also a general intent crime, meaning the prosecution must prove only that you willfully touched the alleged victim in an offensive or harmful manner. They do not need to prove that you intended to cause injury, embarrassment, or any particular result from the contact. This means even accidental-seeming contact during a heated confrontation can be charged as battery if the prosecution can argue it was willful.
While assault and battery are legally distinct, they are frequently charged together when the facts support it. A common scenario involves an altercation where one person swings at another (assault), makes contact (battery), and a physical fight ensues. In such situations, prosecutors routinely file both PC 240 and PC 242 charges arising from the same incident, giving them greater leverage in plea negotiations and at trial.
California law also recognizes that assault and battery can be elevated to more serious charges depending on who the alleged victim is and the circumstances surrounding the offense. Understanding these aggravated versions of assault and battery is essential to appreciating the full scope of what you may be facing.
Simple assault under PC 240[1] is typically charged as a misdemeanor, but California law recognizes several aggravated forms of assault that carry significantly harsher penalties:
Simple battery under PC 242[2] is typically a misdemeanor, but like assault, battery can be elevated to more serious charges under specific circumstances:
One of the most important and frequently misunderstood aspects of assault and battery law is how intent operates. As general intent crimes, neither assault nor battery requires the prosecution to prove that you intended to harm the alleged victim. What they must prove is that you acted willfully—meaning you chose to perform the act, even if you didn’t intend the specific outcome.
This creates situations where people are charged with assault or battery despite genuinely not meaning to hurt anyone. A shove during a heated argument, flailing arms during a struggle, or even breaking free from someone grabbing you can all result in charges if the prosecution characterizes the act as willful offensive contact. An experienced defense attorney can challenge the intent element by presenting evidence of the context, the nature of the contact, and the circumstances surrounding the incident to cast doubt on whether the act was truly willful.
The legal distinctions between assault and battery directly determine which defenses are available to you, what evidence matters most, and what outcomes are realistically achievable. For example:
Understanding these distinctions is not just academic — it is the foundation of building a defense strategy tailored to the specific charges you face. At Tu Defensor Criminalista, we analyze every element of the charges against you, identify weaknesses in the prosecution’s case, and develop an aggressive, comprehensive defense to protect your freedom and your future.
Understanding the local crime landscape in Glendale provides important context for assault and battery charges. According to recent crime data, Glendale has a violent crime rate of approximately 150 per 100,000 residents[8], which is significantly lower than the national average of 369 per 100,000. This represents a violent crime rate that is approximately 59.4% below the national average.
The chance of becoming a victim of violent crime in Glendale is 1 in 441[9], making it safer than approximately 79% of other California cities. Despite these relatively low rates, when assault and battery charges are filed in Glendale, prosecutors take them seriously, particularly when they involve aggravating factors such as domestic violence, injuries to protected persons like peace officers, or use of weapons.
Glendale is part of Los Angeles County, which sees substantial numbers of assault and battery prosecutions each year. The Glendale Police Department[10] actively investigates these cases, and charges are prosecuted through the Los Angeles County District Attorney’s Office at the Glendale Courthouse located at 600 E. Broadway, Glendale, CA 91206[11].
Assault and battery charges in California come in various forms, each carrying different potential penalties. Understanding what you’re facing is the first step toward building a strong defense.
Simple battery is the most basic form of battery charge. It involves the willful and unlawful use of force or violence upon another person. Simple battery is typically charged as a misdemeanor and carries potential penalties of:
Even though simple battery is “only” a misdemeanor, a conviction creates a permanent criminal record that can affect employment, professional licensing, immigration status, and housing opportunities.
Simple assault is also typically charged as a misdemeanor. To convict you of assault, prosecutors must prove:
Penalties for simple assault include:
When a battery results in serious bodily injury—defined as a serious impairment of physical condition including (but not limited to) loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, wounds requiring extensive suturing, or serious disfigurement—the charges escalate significantly.
This is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances and your criminal history. Felony penalties include:
Assault with a deadly weapon (ADW) is one of the most serious assault charges. A “deadly weapon” can include obvious items like firearms, knives, or baseball bats, but California courts have also classified vehicles, bottles, dogs, and even hands and feet as deadly weapons in certain circumstances.
ADW is a wobbler offense with potential felony penalties of:
When battery occurs against an intimate partner—including a spouse, former spouse, cohabitant, fiancé(e), current or former dating partner, or the parent of your child—it’s charged as domestic battery. Even if the alleged victim doesn’t want to press charges, the District Attorney can and often will proceed with prosecution.
Domestic battery is a misdemeanor carrying:
A domestic battery conviction can also impact child custody and visitation rights.
Battery committed against peace officers, firefighters, paramedics, or other protected persons while they’re performing their duties carries enhanced penalties. Under Penal Code 243(b) PC, battery on a peace officer is a misdemeanor punishable by:
If the battery causes injury to the officer, charges under Penal Code 243(c) PC can be filed as a wobbler. Felony convictions carry:
Understanding what to expect in the criminal justice process can help reduce anxiety and allow you to make informed decisions about your defense. Here’s how assault and battery cases typically proceed through the Glendale court system:
Assault and battery cases often begin with a 911 call. Glendale Police Department officers respond to the scene, interview witnesses and the alleged victim, photograph any injuries or evidence, and often make an arrest on the spot if they have probable cause to believe a crime occurred.
In some cases, particularly those involving domestic violence, California law requires officers to make an arrest even if the alleged victim doesn’t want one. Officers may also complete a written report and forward the case to the District Attorney’s Office for charging consideration even without making an immediate arrest.
The Los Angeles County District Attorney’s Office reviews police reports and evidence to determine whether to file criminal charges. This decision is made by prosecutors—not the alleged victim. Even if the alleged victim “drops the charges” or doesn’t want to cooperate, the DA can still proceed with prosecution if they believe they have sufficient evidence.
Prosecutors consider factors including:
Your first court appearance is the arraignment, which takes place at the Glendale Courthouse. During arraignment:
Having an experienced criminal defense attorney at your arraignment is crucial. Your attorney can argue for lower bail, negotiate favorable protective order terms, and begin building relationships with prosecutors that may benefit your case.
The pretrial phase includes several important steps:
Discovery: Your attorney obtains evidence from the prosecution, including police reports, witness statements, photographs, videos, medical records, and any other evidence they plan to use against you.
Investigation: Your defense team conducts its own investigation, interviewing witnesses, gathering evidence, examining the alleged victim’s credibility, and identifying weaknesses in the prosecution’s case.
Motions: Your attorney may file various pretrial motions, including:
Negotiations: Your attorney engages in ongoing negotiations with prosecutors, advocating for charge reductions, diversion programs, or case dismissal.
Most assault and battery cases resolve without going to trial through one of several mechanisms:
Dismissal: If your attorney successfully demonstrates weaknesses in the prosecution’s case, charges may be dismissed entirely.
Diversion Programs: For first-time offenders or less serious cases, prosecutors may offer pretrial diversion programs. Successful completion results in dismissal of charges.
Plea Bargain: In many cases, negotiations result in a plea agreement where you plead guilty or no contest to reduced charges or with an agreed-upon sentence recommendation.
Trial: If no acceptable resolution can be reached, your case proceeds to trial where a jury (or judge in a bench trial) determines your guilt or innocence.
Every assault and battery case is unique, requiring a defense strategy tailored to the specific facts and circumstances. However, several common defenses frequently prove effective in Glendale cases:
Self-defense is one of the most powerful defenses to assault and battery charges. Under California law, you have the right to use reasonable force to defend yourself when you reasonably believe you’re in imminent danger of being harmed. Key elements include:
Self-defense can also extend to defense of others—you have the right to use reasonable force to protect family members, friends, or even strangers from imminent harm.
The prosecution cannot convict you if you successfully establish self-defense, as it negates the “unlawfulness” element of both assault and battery. Your attorney will gather evidence supporting your reasonable belief in the need for defensive force, including witness testimony, surveillance video, photographs of your injuries, and expert testimony when appropriate.
Similar to self-defense, you may use reasonable force to protect another person from imminent harm. This defense requires showing:
Battery requires willful conduct—meaning you acted on purpose, not by accident. If physical contact occurred accidentally, you cannot be convicted of battery. Examples include:
Your attorney will gather evidence demonstrating the accidental nature of the contact, negating the prosecution’s ability to prove willful action beyond reasonable doubt.
In some contexts, physical contact is expected and consented to, negating battery charges. Examples include:
However, consent has limits—you cannot consent to truly serious bodily harm, and consent obtained through fraud or coercion is invalid.
Unfortunately, assault and battery charges are sometimes based on false allegations motivated by:
Your attorney will investigate the alleged victim’s credibility, motive to fabricate, inconsistencies in their story, lack of corroborating evidence, and any history of making false accusations. Character witnesses, alibi evidence, and expert testimony may help demonstrate that accusations are fabricated.
The prosecution must prove every element of assault or battery beyond a reasonable doubt. Your attorney may demonstrate that the evidence is insufficient to meet this high standard by:
If the prosecution cannot prove their case beyond reasonable doubt, you must be acquitted.
If police violated your constitutional rights during investigation or arrest, evidence obtained may be suppressed, potentially leading to case dismissal. Common violations include:
Your attorney will scrutinize police conduct and file motions to suppress illegally obtained evidence.
When you’re facing assault and battery charges in Glendale, your choice of attorney can make the difference between conviction and acquittal, prison and freedom, a criminal record and a clean slate. Here’s why clients throughout Los Angeles County trust Tu Defensor Criminalista with their most important cases:
We have extensive experience handling assault and battery cases at the Glendale Courthouse[11]. We know the local judges, understand how Glendale prosecutors approach these cases, and have established relationships that benefit our clients. We understand the specific procedures, local rules, and practical realities of defending cases in this courthouse.
We don’t simply go through the motions. From the moment you retain us, we begin building your defense:
Our goal is always the best possible outcome—whether that’s a complete dismissal, not guilty verdict, charge reduction, or favorable plea agreement.
We’ve successfully defended hundreds of clients facing assault and battery charges throughout Los Angeles County. Our track record includes:
You’re not just a case number to us. We limit our caseload to ensure every client receives the personalized attention they deserve. When you call our office, you’ll speak with an attorney who knows your case, understands your concerns, and can answer your questions.
We provide comprehensive legal services in both English and Spanish, ensuring that language is never a barrier to quality legal representation. Our bilingual staff can communicate with you and your family in the language you’re most comfortable with.
Criminal charges don’t happen on a convenient 9-to-5 schedule, and neither should your access to legal counsel. We offer 24/7 availability for emergencies, arrests, and urgent consultations. When you need us, we’re here.
We offer a free, confidential initial consultation where we’ll:
There’s no obligation—just an opportunity to understand your options and make an informed decision about your representation.
Some people facing misdemeanor assault or battery charges consider representing themselves or hiring an inexperienced attorney to save money. This is almost always a mistake that costs far more in the long run.
A conviction for assault or battery—even a misdemeanor—creates a permanent criminal record that can:
Impact Employment: Many employers conduct background checks and refuse to hire applicants with violent crime convictions. Professional licenses (medical, legal, teaching, real estate, and others) may be denied or revoked.
Affect Immigration Status: Non-citizens convicted of assault or battery may face deportation, denial of naturalization applications, or inability to renew visas. Some assault and battery convictions are considered “crimes involving moral turpitude” or “aggravated felonies” under immigration law, carrying severe immigration consequences.
Limit Housing Options: Landlords frequently reject rental applications from individuals with criminal records, making it difficult to find housing.
Restrict Gun Rights: Many assault and battery convictions result in loss of gun ownership rights under both California and federal law.
Affect Child Custody: In family law proceedings, assault and battery convictions can negatively impact custody and visitation determinations.
Create a Permanent Public Record: Criminal convictions are public records accessible to anyone conducting a background check—potential employers, landlords, romantic partners, and others.
The Los Angeles County District Attorney’s Office has virtually unlimited resources—investigators, forensic experts, victim advocates, and experienced trial attorneys. They use these resources to build the strongest possible case against you. Facing this alone, or with an inexperienced attorney, puts you at a severe disadvantage.
An experienced criminal defense attorney levels the playing field by:
The sooner you retain an attorney, the better your chances of a favorable outcome. Early intervention allows your attorney to:
The penalties for assault and battery convictions in Glendale vary significantly depending on the specific charges, aggravating factors, and your criminal history. Here’s a detailed look at potential sentences:
Simple Battery (PC 242):
Simple Assault (PC 240):
Domestic Battery (PC 243(e)(1)):
Battery on Peace Officer (PC 243(b)):
Battery with Serious Bodily Injury (PC 243(d)):
Assault with Deadly Weapon (PC 245(a)(1)):
Battery on Peace Officer with Injury (PC 243(c)):
Certain factors can enhance penalties:
California law allows judges to consider alternative sentences including:
An experienced attorney can advocate for alternative sentences when appropriate, particularly for first-time offenders.
Assault and battery cases involving domestic violence partners receive special attention from both law enforcement and prosecutors. California has mandatory arrest policies[12] for domestic violence incidents, meaning police must arrest someone when they have probable cause to believe domestic violence occurred.
Prosecutors also apply “no-drop” policies in many domestic violence cases, meaning they proceed with prosecution even when the alleged victim recants or refuses to cooperate. These cases may be charged under multiple code sections:
Domestic violence convictions carry additional consequences beyond criminal penalties:
Successfully defending domestic violence assault and battery charges requires understanding the unique dynamics of these cases, including:
Certain locations in Glendale see higher rates of assault and battery incidents, and charges arising from these locations may involve special considerations:
The Americana at Brand and Glendale Galleria: These high-traffic shopping areas have extensive security camera systems. Video evidence can be both helpful and harmful—showing either that you acted in self-defense or capturing the incident on camera. Your attorney should immediately request preservation of surveillance footage.
Bars and Nightlife: Alcohol-related assault and battery charges are common in Glendale’s nightlife areas. These cases often involve:
Schools: California Penal Code Section 243.2 imposes enhanced penalties for battery committed on school grounds. Additionally, school-related incidents may result in administrative consequences including suspension or expulsion.
Sporting Events: Assaults and batteries at sporting events (including youth sports where parents are involved) are taken seriously. These cases often involve multiple witnesses and may attract media attention.
When facing assault and battery charges, you have constitutional rights that police and prosecutors are obligated to respect but may not be eager to explain:
Fifth Amendment Right to Remain Silent: You cannot be compelled to incriminate yourself. You have the absolute right to refuse to answer police questions. Despite what police may say, your silence cannot be used against you at trial.
Sixth Amendment Right to Counsel: You have the right to an attorney at all critical stages of prosecution. Police must cease questioning once you invoke this right.
Fourth Amendment Protection Against Illegal Search and Seizure: Evidence obtained through illegal searches can be suppressed and excluded from your trial. Your attorney will scrutinize whether police had proper legal authority for searches.
Right to Due Process: The prosecution must prove your guilt beyond a reasonable doubt. You’re presumed innocent until proven guilty.
Right to Confront Witnesses: You have the right to cross-examine witnesses against you and challenge their credibility.
Right to Speedy Trial: You have the right to a trial within statutory time limits (generally 45 days for misdemeanors if in custody, 30 days for felonies).
Assault is an attempted battery—an act that would likely result in harmful or offensive contact with another person. Battery is the actual unlawful touching. You can be charged with assault without committing battery (if you miss), but battery charges typically include assault as well.
Yes. Battery doesn’t require injury or even pain—any offensive or harmful touching suffices. Even pushing someone or spitting on them can result in battery charges.
In California, the decision to file criminal charges rests with the District Attorney, not the alleged victim. Prosecutors can and often do proceed with assault and battery prosecutions even when the alleged victim doesn’t want charges filed. This is particularly common in domestic violence cases.
Every case is different. Misdemeanor cases typically resolve within 3-6 months, though some take longer. Felony cases generally take 6-12 months or more, especially if they proceed to trial.
Not necessarily. Possible sentences range from probation with no jail time to several years in prison, depending on the specific charges, circumstances, your criminal history, and the strength of your defense. An experienced attorney can often negotiate outcomes that avoid jail time.
Yes. Experienced criminal defense attorneys successfully get charges reduced or dismissed every day through various means—demonstrating weaknesses in the prosecution’s evidence, negotiating plea bargains, winning motions to suppress evidence, or securing acquittals at trial.
Diversion programs allow defendants to complete counseling, classes, or community service in exchange for dismissal of charges. Eligibility depends on factors including the specific charges, your criminal history, and the prosecutor’s policies. Your attorney can advocate for diversion program placement when appropriate.
No. You have a constitutional right to remain silent, and you should exercise it. Anything you say to police can and will be used against you. Politely decline to answer questions and request an attorney immediately.
Legal fees vary depending on the complexity of your case, the severity of charges, and whether the case goes to trial. We offer competitive rates and flexible payment plans. During your free consultation, we’ll discuss fees transparently and work with you to make quality legal representation affordable.
Bring any documents related to your case—police reports, bail paperwork, court papers, photographs, medical records, and witness contact information. Also bring a list of questions you want answered. However, don’t delay scheduling a consultation if you don’t have these documents—we can obtain most of them ourselves.
If you’ve been served with a Assault and Battery in Glendale, time is running out. Don’t face this crisis alone. Contact Tu Defensor Criminalista immediately for a free, confidential consultation about your case.
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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