Assault & Battery

San Luis Obispo Assault & Battery Attorneys

Defense Lawyer for Assault and Battery Charges in San Luis Obispo

If you are facing assault or battery charges, you have a serious legal problem. At the Stein-Conaway Law Firm, P.C., we understand the severe impact a conviction for these charges can have on your life, reputation, and freedom. Our experienced criminal defense legal attorneys can provide a vigorous, strategic defense with compassionate, personalized support.

What Should I Know About Assault and Battery Charges? 

The terms “assault and battery” are frequently referred to as the same charge. But they are different. Assault refers to the attempt to harm another person, while battery involves actual physical contact or harm. A simple assault or a simple battery can be charged as a misdemeanor. Assault and battery can also both be charged as felonies. In some instances, the charge can involve a “strike” allegation under California’s Three Strikes Law. The penalties can include jail or prison time, fines, and mandated anger management treatments. If charged as a felony offense, prison time is a possibility. Regardless of whether it is charged as a misdemeanor or felony, a conviction will result in a ban on owning or possessing firearms or ammunition. If you are facing charges for assault, battery, or both offenses, it is essential to be represented by a knowledgeable, talented criminal defense attorney who is fighting for you.

Can You Defend an Assault & Battery Charge?

At the Stein-Conaway Law Firm, P.C., we start the defense process with an in-depth review of the evidence that led to the arrest and speak to you about what occurred. The defense strategy in your defense may include one of these approaches:

  • Self-Defense or Defense of Others: We may argue that your actions were taken in self-defense or that you acted to defend someone else. California law protects individuals who reasonably believe they are in immediate danger of harm.
  • Lack of Intent:  Assault and battery charges require proving that your conduct was intentional. If the evidence reveals that your actions were accidental or misinterpreted, our San Luis Obispo criminal defense lawyer will work to establish that there was not the required intent.
  • False Accusations or Misidentification: An individual may be wrongfully accused due to mistaken identity or, in some cases, false allegations. We carefully examine the evidence, witness statements, and any available video footage to challenge the validity of the accusations.
  • Mitigating Circumstances: If charged with a felony or as a strike, there might be a way to mitigate the charges to different charges that have less of a punitive impact. 
  • Insufficient Evidence: The prosecution has the burden of proof, and guilt must be proven beyond a reasonable doubt to achieve a conviction. We evaluate every piece of evidence to identify gaps, inconsistencies, or errors that can be brought to light to defend against the charges.

What Are the Penalties for Assault and Battery?

California law imposes harsh penalties for assault and battery. The penalties imposed are influenced by the extent of the injuries, whether the defendant has a criminal record, applicable defenses, and other mitigating information that can be developed.

What Are the Penalties for Assault in San Luis Obispo, CA?

  • Misdemeanor Assault: This offense involves an attempt to inflict physical harm without causing an injury, such as raising a fist or other acts of physical aggression. A conviction can lead to up to six months in county jail and fines of up to $1,000. Community service and a term of probation can be sentencing options.
  • Felony Assault: If any weapon were involved or the alleged assault caused the alleged victim serious harm, the charge would typically be charged as a felony, which carries more severe penalties, including prison time, significant fines, and possibly a strike on your record. 

Penalties for Battery

  • Misdemeanor Battery: A misdemeanor conviction for simple battery, an unwanted harmful or offensive touching that does not include severe injuries, may bring a penalty up to six months in county jail and court fines. The court may also impose probation and community service.
  • Battery Causing Serious Injury: If the harm caused to the alleged victim is serious, the charge would typically be charged as a felony, which carries more severe penalties, including prison time, significant fines, and possibly a strike on your record.

Cases of Domestic Violence: Assault & Battery

  • Domestic Violence: If the assault or battery is alleged to have been committed on a spouse, cohabitant, or intimate partner, it is likely to be charged as a case of domestic violence, which carries specific penalties and requirements to attend intervention programs. These crimes can either be charged as felonies or misdemeanors.

Why You Need Legal Help for Assault and Battery

Assaults and batteries have a wide range of penalties that can be impacted by many factors, including the severity of the injuries sustained by the alleged victim. If the injuries are severe, a person accused of the crime may be faced with prison time and the potential for a strike to be added to their record. Due to the risk of jail or prison time and the impact on your future work opportunities, it is vital to be represented by an experienced criminal defense lawyer who may develop a strategic defense strategy and work for a fair outcome. At the Stein-Conaway Law Firm, P.C., we are committed to finding ways to put our clients in the best legal position possible.

Why Choose the Stein-Conaway Law Firm, P.C.?

Given the wide range of penalties, defending against assault or battery charges requires skill, dedication, and a breadth of understanding of California law. The Stein-Conaway Law Firm, P.C. is committed to serving our clients with exceptional care and compassion. We have extensive experience defending cases in criminal court in San Luis Obispo and are familiar with the court, judges, and prosecutors. We are proud of our long track record of successful cases. We are driven to fight to achieve the most favorable outcome possible. Reach out to us for help immediately if you are charged with assault or battery at 805-439-6069.