You had the right to defend yourself. Or maybe you weren't even there. Either way — your side of the story deserves to be heard.
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Assault and battery charges in California arise from some of the most common and complex human situations imaginable — a bar fight that got out of hand, a confrontation where you acted in self-defense, a road rage incident that escalated, an accusation from someone with a personal grudge, or a case of mistaken identity. In every one of these situations, there is a defense — and we find it.
California law distinguishes sharply between assault — the attempt or threat to use force — and battery — the actual application of force. Neither requires serious injury. A simple push, a shove, or even a raised fist in a threatening manner can trigger a criminal charge. And when a weapon is involved, or when a law enforcement officer or other protected person is the alleged victim, the charges become dramatically more serious.
At The Smalls Firm, we have defended assault and battery cases at every level — from simple misdemeanor assault to felony assault with a deadly weapon — in San Bernardino County courts for over 20 years. We know how to present self-defense arguments convincingly, how to expose the exaggerations and lies that often appear in these cases, and how to challenge physical and eyewitness evidence that the prosecution relies on.
The most important thing you can do right now is stop talking about the incident to anyone except your attorney. Every statement you make — to friends, on social media, or to law enforcement — can and will be used against you. Call us first. Tell your story once, to us, in complete confidence.
Under California's Three Strikes law, a conviction for assault with a deadly weapon (PC 245) counts as a strike on your record. A second strike doubles your sentence. A third strike can mean 25 years to life in prison. This is not a charge to take lightly or handle without experienced trial counsel. Call (909) 501-6882 immediately.
Assault and battery cases often hinge on self-defense, witness credibility, and the physical evidence. We attack every element of the prosecution's case.
California law recognizes the right to use reasonable force to protect yourself or others from imminent harm — and you do not have a duty to retreat before defending yourself. If the alleged victim was the aggressor and you responded to protect yourself or someone else, self-defense is a complete bar to conviction. We establish the self-defense claim by presenting evidence of the alleged victim's aggressive behavior, prior threats, physical size advantage, and the totality of the circumstances that made your response reasonable.
Eyewitness misidentification is one of the leading causes of wrongful conviction in the United States. In chaotic situations — bar fights, street confrontations, road rage incidents — bystanders may genuinely misidentify who did what. We scrutinize the circumstances of any identification procedure used by police, challenge show-ups and photo lineups that were conducted suggestively, and present expert testimony on the unreliability of eyewitness memory when that evidence is central to the prosecution's case.
When both parties voluntarily entered into a physical confrontation — a mutual fight where both sides agreed to the altercation — the alleged victim may have implicitly consented to the contact, eliminating the battery element. This defense requires careful analysis of how the fight started, what each party said and did before the first blow was struck, and whether there was genuine mutual agreement to engage. While not applicable in every case, mutual combat significantly complicates the prosecution's theory.
In today's world, many assault incidents are captured on surveillance cameras, cell phones, or dashcams. This cuts both ways — sometimes video evidence exonerates defendants who were falsely accused, and sometimes it shows a very different sequence of events than what witnesses describe. We investigate all potential video sources immediately, before footage is overwritten or deleted. Video evidence that shows the alleged victim as the aggressor, or that contradicts witness testimony, can be extraordinarily powerful at trial.
Assault requires a willful attempt to commit a violent injury — meaning accidents are not criminal assault under California law. If you made physical contact that was unintentional, or if you acted without the requisite mental state, the charge fails. Battery similarly requires willfulness. We examine the precise circumstances of the alleged contact to determine whether the prosecution can actually prove the intent element beyond a reasonable doubt — which is a higher bar than most people realize.
Even in cases where some conduct occurred, significant charge reductions are often achievable. Felony assault with a deadly weapon can sometimes be reduced to misdemeanor simple assault or simple battery, avoiding the strike on your record and dramatically reducing the potential sentence. We negotiate from a position of strength — when the prosecution knows we are trial-ready and that we will expose every weakness in their case, they are far more likely to offer a meaningful reduction rather than risk a loss at trial.
Penal Code 240 defines assault as an unlawful attempt, combined with a present ability, to commit a violent injury on another person. No contact is required — the threat alone, coupled with the immediate ability to carry it out, is enough. Simple assault is a misdemeanor punishable by up to 6 months in county jail and fines up to $1,000.
Simple assault cases are frequently charged based on one person's word against another's. We aggressively challenge the alleged victim's account, examine their motive to lie, and present any evidence — witnesses, video, text messages — that supports your version of events.
Penal Code 242 defines battery as any willful and unlawful use of force or violence upon another person. Unlike assault, battery requires actual contact — but that contact can be any touching, however slight, if it is harmful or offensive. A shove, a slap, or even spitting on someone can constitute battery under California law.
Battery is a misdemeanor punishable by up to 6 months in county jail. Self-defense, consent, and lack of intent are all viable defenses, and the relatively low-level nature of the offense creates significant room for charge dismissal, diversion, or negotiated resolution, particularly for first-time offenders.
Penal Code 245 — assault with a deadly weapon or by means of force likely to produce great bodily injury — is one of the most serious assault charges in California. It is a wobbler, but prosecutors frequently charge it as a felony, which carries 2 to 4 years in state prison. More critically, it is a strike offense under California's Three Strikes law.
A "deadly weapon" under California law is broadly defined — it includes knives, guns, and vehicles, but also any object used in a manner capable of causing death or great bodily injury, including bottles, bats, and even shod feet. We challenge both the characterization of the object as a deadly weapon and the intent element, and we fight for reduction to a misdemeanor whenever the facts support it.
Penal Code 243(d) — aggravated battery — applies when the battery results in serious bodily injury to the alleged victim. Serious bodily injury includes loss of consciousness, concussion, bone fracture, and injuries requiring medical treatment. This is a wobbler that can be charged as a felony carrying up to 4 years in state prison.
Medical evidence is central to aggravated battery cases. We retain medical experts to challenge whether the injury meets the legal threshold for "serious bodily injury," whether the injury was actually caused by the defendant's conduct, and whether prior conditions or the alleged victim's own actions contributed to the outcome.
Assault or battery against a peace officer — police, firefighters, EMTs, and other protected persons acting in the performance of their duties — is a separate and more serious crime. Battery on a peace officer is a wobbler; as a felony it carries up to 3 years in state prison. Assault on a peace officer with a deadly weapon carries up to 8 years in state prison.
These cases are prosecuted aggressively by the San Bernardino County DA. We examine whether the officer was acting within the lawful performance of their duties at the time of the alleged assault — because if the officer was engaged in unlawful conduct, the enhanced charge may not apply. We also scrutinize the officer's use of force and whether your conduct was a lawful response to excessive force.
Assault with a firearm is a felony carrying 2 to 4 years in state prison, with enhancements if the firearm was personally used (additional 3 to 10 years) or if great bodily injury resulted. It is also a strike offense. Unlike brandishing a firearm, assault with a firearm requires proof that you had the present ability to fire the weapon and took some direct but ineffectual step toward applying force.
The distinction between brandishing a weapon and assault with a firearm is legally significant and can mean the difference between a misdemeanor and a felony strike. We analyze the precise facts of each case to identify where the prosecution's evidence falls short and build the defense strategy around those gaps.
From the moment of the incident through final resolution — here is what happens and how we fight at every stage.
Assault and battery arrests can occur at the scene or days later based on the alleged victim's report. In some cases, a citation rather than an arrest is issued. Regardless of how the charge comes to you, do not make any statements to law enforcement without an attorney present. Call us immediately — the sooner we are involved, the better chance we have to shape what happens next.
The most critical window in an assault case is the first 24 to 72 hours. Surveillance footage gets overwritten. Witnesses' memories change. Physical evidence — bruises, injuries, clothing — disappears. We act immediately to preserve every piece of evidence that supports your defense, retain investigators when necessary, and document the scene while the evidence is still available.
At your arraignment, formal charges are entered and bail is addressed. We appear with you and enter a not guilty plea. We argue for the lowest possible bail based on your ties to the community, employment, and the facts of the case. For out-of-custody defendants appearing on citation, arraignment is your first formal court appearance and we prepare thoroughly for it.
We obtain all evidence the prosecution intends to use — police reports, witness statements, photographs, medical records, 911 recordings, surveillance footage, and body camera video. We analyze every piece for inconsistencies, constitutional violations, and weaknesses in the prosecution's theory. We look especially hard at the alleged victim's prior history, any communications between the parties before the incident, and any evidence of the alleged victim's own aggression.
We negotiate from strength. When the prosecution knows we are prepared to try the case, charge reductions become far more available. We fight to reduce felony assault to misdemeanor, to avoid strike convictions, and to keep your record as clean as possible. When a fair resolution is not available, we take the case to trial — and we fight with everything we have to earn your acquittal.
Your case review is 100% confidential. No cost, no obligation. Tell us what happened — we will tell you exactly how we can help.