At Shouse California Law Group, we understand that being charged with assault or battery can turn your life upside down. Allegations like these can have lasting consequences for your reputation, your job, and even your freedom. Every assault and battery lawyer in Orange County on our team has successfully defended clients across Southern California, facing charges from simple misdemeanors to serious felony assaults.
Why Hiring an Assault and Battery Attorney Near You Matters
Even a simple misunderstanding can lead to an assault or battery arrest. In many cases, the person charged wasn’t the aggressor at all — they were acting in self-defense or were involved in a mutual altercation. Prosecutors often rush to file charges before knowing the full story. That’s where a strong defense makes all the difference.
Our assault and battery attorneys in Orange County intervene early to protect your rights, preserve key evidence, and ensure your version of events is heard before prosecutors lock in on a narrative that isn’t accurate.
Assault and Battery Charges We Handle
There are many different types of assault and battery cases under California law. The severity of the charge depends on several factors, including whether a weapon was used, who the alleged victim was, and whether an injury occurred. Common cases we handle include:
- Simple Assault (Penal Code 240) – Attempting to use force or violence on another person without actually making physical contact.
- Simple Battery (Penal Code 242) – The unlawful use of force or touching another person without consent — even a shove or grab can count.
- Domestic Battery (Penal Code 243(e)(1)) – Force used against an intimate partner, cohabitant, or family member, even if no visible injury occurred.
- Corporal Injury to a Spouse or Cohabitant (Penal Code 273.5) – Domestic violence cases involving visible injuries such as bruising or swelling.
- Assault with a Deadly Weapon (Penal Code 245) – Using an object, vehicle, or weapon capable of causing serious harm.
- Battery Causing Serious Bodily Injury (Penal Code 243(d)) – Cases involving broken bones, deep bruising, or hospitalization.
Understanding Assault and Battery Laws in California
Under California law, assault and battery are distinct crimes, though they are often confused or happen together in many cases.
Assault – This is the act of putting someone in imminent fear of physical harm without actually making contact. It’s not necessary for physical contact to occur for an assault charge to be filed. For instance, if you raise a fist as if to punch someone, or if you swing an object toward someone, but don’t actually make contact, you could still be charged with assault. In legal terms, assault is an act that could likely result in the application of force on another person.
Battery – On the other hand, it involves actual physical contact with another person in a harmful or offensive manner. This can range from something as simple as grabbing or shoving someone to more serious actions, such as punching or kicking. In California, even touching someone aggressively or offensively without their consent can lead to a battery charge.
It’s also important to note that “verbal assault” is not a crime under California law. While insulting or threatening language may be offensive, it doesn’t qualify as assault unless the words are backed by an action that could result in physical harm. However, criminal threats (Penal Code 422) are a separate offense that applies when someone makes a threat to harm another person with the intent to cause fear of imminent physical injury.
Thus, while assault involves the fear of harm, battery is the actual infliction of harmful contact. Depending on the circumstances of the case, you can be charged with either assault, battery, or both if physical contact or fear of harm is present.
Penalties for Assault and Battery in Orange County
Penalties vary based on the charge and the alleged circumstances:
- Simple Assault / Battery (Misdemeanor) – Up to 180 days in Orange County Jail and a 10-year firearm ban. These cases often qualify for diversion programs instead of jail time.
- Domestic Battery – Up to one year in jail and mandatory 52-week batterer’s intervention classes.
- Assault with a Deadly Weapon or Battery Causing Serious Injury (Felony) – Up to 4 years in state prison, longer if the victim was a peace officer or if significant bodily injury occurred.
- Collateral Consequences – Even without jail time, a conviction can affect your ability to own firearms, your immigration status, and your professional licensing.
What to Do After an Assault and Battery Arrest
If you’ve been arrested or accused of assault or battery:
- Do not make any statements to the police. Anything you say can and will be used against you.
- Document your own injuries. Many assault arrests involve mutual combat or self-defense. Your own injuries can help show you were protecting yourself.
- Contact an attorney immediately. Our lawyers act fast to collect witness statements, surveillance video, and any other evidence before it disappears.
- Avoid contact with the alleged victim. A criminal protective order may already be in place, and violating it can lead to additional charges.
Our Defense Process for Assault and Battery Cases
Every case is unique. When you hire Shouse Law Group, we immediately:
- Gather the whole story. We meet with you to understand what led to the incident and what really happened.
- Preserve evidence. We send letters to businesses and witnesses to preserve video footage before it’s deleted.
- Investigate all angles. We look for inconsistencies in police reports and witness statements.
- Develop tailored defenses. Common defenses include self-defense, defense of others, false accusation, or mistaken identity.
- Explore diversion and treatment options. For clients with mental health issues or PTSD, we pursue mental health diversion under Penal Code 1001.36, which can lead to complete dismissal after treatment.
How Much Does an Assault and Battery Lawyer Near You Cost in Orange County?
The cost of hiring a defense attorney depends on the complexity of your case. At Shouse Law Group, misdemeanor assault and battery cases typically range from $3,500 to $20,000 before trial, while severe felony cases can cost beyond $35,000. We always provide a precise estimate after your consultation, so you know exactly what to expect.
Client Stories: Real Assault and Battery Case Results
Case 1: Felony Assault with a Deadly Weapon – Dismissed Through Mental Health Diversion
In one of our most challenging cases, we represented a combat veteran from Pomona who was accused of intentionally ramming another car during a road rage incident. He faced serious felony charges for assault with a deadly weapon (vehicle) and felony hit and run, offenses that could have led to years of imprisonment, the permanent loss of his driver’s license, and irreparable damage to his future.
Through diligent work and a thorough investigation, we uncovered that the underlying cause of the incident was related to Post-Traumatic Stress Disorder (PTSD). Our client had been struggling with mental health issues stemming from his time in combat. We advocated for his eligibility under mental health diversion, a legal option that diverts defendants with mental health conditions from traditional criminal prosecution into treatment programs. After presenting compelling evidence and securing a diversion hearing, we successfully obtained approval for his mental health diversion.
Our client participated in ongoing treatment, and at the end of the program, the charges against him were dismissed in their entirety, leaving his record clean. This outcome not only spared him jail time but also enabled him to retain his driver’s license and his job, helping him rebuild his life.
Case 2: Misdemeanor Battery – Wrongfully Accused and Vindicated
In another case, a client was arrested in Venice for allegedly attacking a movie theater security guard. The incident occurred when the security guard asked our client to leave the theater, but the guard claimed that our client had grabbed and aggressively pulled his beard.
However, we knew that this was not the whole story. We quickly intervened and submitted a preservation request for the theater’s surveillance footage. This quick action ensured that the crucial video evidence wasn’t destroyed. The footage revealed that it was the security guard who had initiated the physical altercation by dragging our client by the hair, not the other way around.
Armed with this exculpatory evidence, we presented our findings to the prosecution. As a result, the charges against our client were dismissed outright, and the prosecution filed new charges against the security guard instead. This case highlights the importance of early intervention and evidence preservation — both of which were critical in securing a favorable outcome for our client.
Because of our prompt action, we were able to prove that our client was wrongfully accused, avoiding a misdemeanor conviction that could have negatively impacted his record and reputation.
Frequently Asked Questions About Assault and Battery Cases
Can I be charged even if I was defending myself?
Yes, but we can argue self-defense if you reasonably believed you were in imminent danger and used proportional force.
Can I lose my gun rights for a misdemeanor?
Yes. Even a simple battery conviction triggers a 10-year firearm ban under California law.
Do I have to go to jail?
Not necessarily. Many first-time offenders qualify for diversion programs, anger management, or mental health treatment instead of jail time.
Contact An Assault and Battery Attorney in Orange County Today
If you or a loved one has been accused of assault or battery, don’t wait. Early intervention can make the difference between a conviction and a dismissal.
Call Shouse California Law Group today for a free, confidential consultation with an assault and battery lawyer in Orange County. Our experienced team will fight to protect your rights, your record, and your future.
Shouse Law Group
333 City Blvd W Ste 1750
Orange, CA 92868
Hours: Open 24 hours
Phone: (714) 288-9455
“I had an amazing experience with Karthik Krishnan representation for my court case. I was stuck with a bad hand one night, hanging out with bad people. trusting to leave my property in someone else’s hand. Got me in a bad situation with law enforcement officers while we got pulled over later that night. Luckily I contact Karthik Krishnan and his law firm. And he was able to get my charges dismissed!!! They way he communicated with me throughout the whole process and made me feel comfortable to trust his work was all I needed to feel safe. If you guys need representation with a professional lawyer I suggest contacting Karthik Krishnan as his service where top tier!”