Santa Barbara Assault and Battery Lawyer

Our Assault Attorney Handles Misdemeanor & Felony Charges

When fights break out, the police can make a rush to judgment about who is at fault or what happened. Were you simply defending yourself? Were you arrested while you were breaking up a fight? 

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• Simple assault
• Aggravated assault
• Battery

Being charged with assault can have serious consequences, including fines, jail time, and a criminal record. It is crucial to have a knowledgeable and experienced assault attorney in Santa Barbara on your side to protect your rights and build a strong defense strategy. We handle misdemeanor and felony cases and do our best to establish a defense to get your charges reduced or eliminated.

Contact us online or by calling (805) 749-5670 today to speak with an assault attorney in Santa Barbara about your assault charge.

Don’t Ignore the Severity of a Misdemeanor Assault Charge

If you’re charged with simple assault under California law, you can be convicted of a misdemeanor. That offense carries a maximum jail term of up to six months and/or a fine of up to $1,000. Don’t brush off an arrest because it doesn’t sound serious. A conviction has a significant effect on your future, including potential barriers to employment and housing opportunities. Hiring an assault lawyer in Santa Barbara, CA, ensures you have someone advocating for your interests.

Assault is defined as “any intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.” This definition recognizes that no physical injury needs to result; simply placing another person in fear of imminent bodily harm is itself an act deserving of punishment. Additionally, this definition allows police officers to intervene early to prevent potential violence, often resulting in arrests before any physical harm occurs.

Simple vs. Aggravated Assault in Santa Barbara

The criminal laws of California classify assaults as either simple or aggravated, per the gravity of the harm that occurs, or is likely to occur, if the assaulter follows through and strikes the victim. The biggest difference is that simple assaults are classified as misdemeanors, while aggravated assaults are classified as felonies. Misdemeanors carry small fines and little to no jail time, while felonies are punishable with significantly larger fines and lengthy prison sentences. Aggravated assault may involve an assault committed with a weapon or with the intent to commit a serious crime, such as rape. (Some assault laws name the aggravating factor—for example, “assault with a deadly weapon.”)

Understanding Simple Assault Under Penal Code Section 240

Although many people use the terms “assault” and “battery” interchangeably in ordinary conversation, the two terms refer to two distinct criminal offenses. An assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact. If you swing at someone and miss, that is an assault. If you swing at someone and connect, that is an assault AND battery.

Assault under California Penal Code Section 240 is defined by the following elements:

• Willful conduct likely to exert physical force on someone else;
• The accused was aware of facts that would lead a reasonable person to believe that the conduct would probably and directly exert such force on the other person; and
• At the time of the conduct, the accused had the ability to exert force against the person.

Examples of an assault might include:

• A teenager throwing rocks toward a neighbor.
• A man swings to punch a person with whom he is arguing, but the punch misses. He may have acted in a way that suggested intent and ability to harm.
• A person knocks your grocery bags out of your arms, potentially as a show of aggression without intending serious harm.

If you are charged with simple assault under California law, you can be convicted of a misdemeanor. The offense carries a maximum jail term of up to six months and/or a fine of up to $1,000.

Simple Battery Under PC 242 vs. Battery Causing Serious Injury Under PC 243(D)

Simple battery is defined as a willful and unlawful harmful or offensive touch. While physical contact with the victim is required, this contact need only be some form of offensive touching. No injury is required. Simple battery is a misdemeanor.

However, a more serious form of battery is Battery Causing Serious Bodily Injury (also referred to as ‘Aggravated Assault’). This may be charged, either as a felony or misdemeanor, if the physical contact results in serious injury to the victim, such as a concussion, broken nose, etc. Penal Code 243(d) charged as a felony is a “strike” offense within the meaning of the California three strikes law.

Simple Battery Case Example 1: During a fistfight, Jorge throws a punch at Mike but misses. When Jorge swings again he connects with Mike’s jaw. The first punch would merely be an assault while the second punch would be both an assault and battery. Because assault is a lesser-included offense of battery, the prosecutor might only charge a battery for the second punch, but they technically could charge both.

Simple Battery Case Example 2: A woman spits at a man because she is offended by his rude comment. The woman commits a battery if the spit hits the man but only an assault if she misses.

Defenses to Assault & Battery Charges in Santa Barbara

When an accused is charged with assault or battery in Santa Barbara, Sanford Horowitz Criminal Defense thoroughly investigates the facts and police conduct. Our assault attorneys will work to suppress improperly obtained incriminating statements while challenging the sufficiency and reliability of the government’s evidence.

There are legal defenses to assault and battery charges, some of which are: 

• Mutual combat
• Self-defense or defense of others
• Reasonable act of discipline by a parent (spanking)

These are just some examples of legal defenses that the assault lawyers at Sanford Horowitz Criminal Defense may utilize to vigorously defend their clients against criminal charges. 

Protect Your Rights with an Experienced Assault Defense Attorney in Santa Barbara

At Sanford Horowitz Criminal Defense, our Santa Barbara assault lawyer has extensive experience defending clients facing assault charges. We understand the complexities of assault laws and will work tirelessly to achieve the best possible outcome for your case.

Benefits of hiring our assault attorney in Santa Barbara include:

• Personalized legal representation tailored to your unique situation
• Thorough investigation and analysis of the evidence against you
• Strategic defense strategies to challenge the prosecution's case
• Negotiation skills to potentially reduce charges or penalties
• Compassionate support and guidance throughout the legal process

Don't face assault charges alone. Request your free initial consultation by calling us at (805) 749-5670 or filling out our online contact form. Our assault lawyer in Santa Barbara is here to help!

Frequently Asked Questions About Assault Charges in Santa Barbara

What Should I Do Immediately After an Assault Charge in Santa Barbara?

It is crucial to remain calm and avoid making any statements to the police without an attorney present. Contacting an assault lawyer in Santa Barbara as soon as possible provides guidance. They will help ensure your rights are protected and may prevent you from inadvertently compromising your defense. Gathering any evidence, including witness contact details, photographs of the incident scene, and any security footage, is also important.

How Does Self-Defense Work in Assault Cases in Santa Barbara?

Self-defense is a valid legal defense where you demonstrate that your actions were necessary to protect yourself from imminent harm. For this defense to be successful, it is essential to show that there was a reasonable belief of immediate danger and that the force used was proportional. Understanding local nuances and legal thresholds in Santa Barbara can be instrumental. Having an assault attorney on your side who grasps these subtleties means that they can effectively communicate the justifications for your actions.

What Are the Potential Consequences of an Assault Conviction in Santa Barbara?

Assault convictions can lead to several consequences, including fines, imprisonment, probation, mandatory anger management courses, and a permanent criminal record. These may affect personal freedoms, job opportunities, professional licenses, and even housing possibilities. Moreover, repeated offenses could lead to harsher penalties due to California's three-strikes law. It's critical to have qualified legal support to minimize these repercussions, as an experienced assault attorney can work toward reducing charges or achieving alternative sentencing that lessens the long-term impact on your life.