Assault charges in San Diego are serious. A single mistake, misunderstanding, or heated moment can lead to arrest, jail time, and a permanent criminal record. If you are being charged with assault and battery, you need help right away. Even if you think the situation will pass, the law can treat it as a violent offense.
Assault cases often involve police reports, witness statements, and surveillance videos. These can be used in both criminal suits and civil suits, which means you may face a civil claim along with criminal charges.
Kenney Legal Defense helps people in San Diego fight back against all types of assault charges. Whether you are facing simple assault, aggravated assault, or assault with a deadly weapon, our criminal defense lawyers work hard to protect your rights. Our San Diego assault lawyer understands how the court system works. We use real defense strategies backed by trial experience to give you the strongest chance in court.
Our San Diego Assault Defense Attorney Fights for You
Assault and battery charges are often based on what someone says, not just on what happened. Many cases involve little physical contact but still lead to major consequences. Our San Diego criminal attorney understands that sometimes, the full story doesn't come out until later.
We look at police reports, medical records, surveillance videos, and witness statements to find out what really happened. Our trial lawyers are ready to push back against false claims and weak evidence.
Whether you're accused of assault with a firearm, assault during a DUI offense, or sexual battery in a domestic violence case, we bring strong defense strategies. Our job is to protect your civil rights, defend your reputation, and stop one mistake from damaging your life. With our trial experience and understanding of California law, we fight hard in court to seek the best outcome for you.
Types of Assault Charges We Handle in San Diego
Assault charges in San Diego can take many forms. Whether you're facing a misdemeanor or a felony aggravated assault, each charge has its own legal meaning and punishment.
Some of the most common assault charges we defend against in California courts are:
Simple Assault (PC 240)
Under the California Penal Code 240 PC, simple assault means trying to hurt someone, even if you do not touch them. The law calls it an attempt to cause physical harm. You do not need to cause injury to face this charge.
Simple assault is often charged as a misdemeanor, but it can still lead to jail time, fines, and a criminal record.
Assault with a Deadly Weapon (PC 245)
Assault with a deadly weapon means using or trying to use a weapon to hurt someone. That weapon could be a gun, knife, or even a car. Under the California Penal Code Section 245, this is a felony aggravated assault.
It often brings harsh penalties, especially if the other person was badly hurt. Assault with a firearm is one of the most serious charges under this law.
Aggravated Assault
Aggravated assault usually involves serious injuries, a deadly weapon, or intent to cause great harm. These cases may involve gang participation or a past criminal record, which makes things worse. Felony aggravated assault carries longer prison terms, higher fines, and more damage to your civil rights.
Assault on a Peace Officer (PC 241(c))
If you are accused of assaulting a police officer, firefighter, or other protected worker, the penalties are more severe. Under the California Penal Code 241(c), the court treats these cases seriously. Even if the officer was not hurt, you could face tough charges and lose important rights like holding professional licenses or voting in elections.
Domestic Violence–Related Assault (PC 243(e)(1))
Assault and battery linked to domestic violence fall under the California Penal Code Section 243(e)(1). This includes hitting, pushing, or threatening a partner, spouse, or family member. These charges often come with a restraining order, which can remove you from your home and limit contact with your children.
Domestic violence charges also affect civil courts and may lead to a civil lawsuit.
Penalties for Assault Charges in California
Penalties for assault depend on the type of charge. A simple assault may lead to six months in jail, a fine not exceeding $2,000, and community service. Assault with a deadly weapon or sexual battery can lead to years in state prison. Domestic violence charges may come with restraining orders and limits on gun rights under California law.
Many assault charges are wobbler offenses, which means they can be charged as either a felony or misdemeanor. Your past record, the victim's injuries, and whether weapons were used all matter. A strong legal defense can make a big difference in the outcome.
Defending Against Assault Charges in San Diego
There are many ways to fight assault charges. A criminal lawyer may argue that there was no intent, that you acted in self-defense, or that you were falsely accused. In some cases, surveillance videos or witness statements may support your side.
A defense may also challenge the way police handled the case, including how they filed charges or gathered evidence. Our trial lawyers focus on building strong defense strategies based on the facts of your case.
Kenney Legal Defense knows how the criminal justice process works and how to use it to your advantage.
What to Do After Being Arrested for Assault in San Diego
If you are arrested for assault in San Diego, what you do next can affect your entire case. You may feel scared, confused, or even angry, but taking the right steps right away can protect your rights and help your criminal defense attorney build a strong legal strategy.
A few important steps you should take after an assault arrest include:
1. Stay Silent Until You Speak to a Lawyer: You have the right to remain silent. Use it. Do not try to explain, argue, or defend yourself to the police. Anything you say can be used against you later in court. Wait to speak until your criminal lawyer is with you and can guide your answers. This is part of protecting your civil rights and staying in control during the criminal justice process.
2. Ask for a Criminal Defense Attorney Right Away: The moment you are taken into custody, ask to speak with a San Diego criminal attorney. Do not rely on advice from officers or try to handle things alone. A skilled criminal defense attorney can step in early, stop you from making mistakes, and begin preparing the right defense strategies. The sooner you ask for help, the better your chances of reducing assault charges or even getting the case dropped.
3. Avoid Talking About the Case with Anyone Else: Even casual conversations can be risky. Friends, cellmates, or even family members may later be asked to testify. Also, never post about your arrest on social media. Prosecutors and insurance companies often check public posts to find things they can use in a civil claim or criminal trial. Keep all case details private and only discuss them with your lawyer.
4. Write Down Everything You Remember: As soon as possible, write down what happened during the event, the arrest, and anything the police said to you. Include names, times, and what was said or done. This information can help your attorney uncover mistakes made by law enforcement or prove that the incident does not meet the legal standard for assault or battery charges.
5. Follow All Court Orders and Release Terms: If the court gives you rules to follow after your release, follow them exactly. This might include a restraining order, staying away from the alleged victim, or attending court hearings. Failing to follow these rules could hurt your case, lead to jail time, or affect your chances of getting your assault and battery charges lowered or dismissed.
6. Start Preparing for Your Defense Immediately: Don't wait. Your lawyer needs time to collect evidence, review surveillance videos, speak with witnesses, and challenge the prosecution's case. Whether you're facing simple assault under Penal Code Section 240 or a serious sex offense involving sexual assault or child endangerment, starting early gives your legal team the best chance at success.
7. Ask About Record Sealing or Expungement Options: Even if charges are dropped or reduced, your arrest can still appear on background checks. Ask your lawyer if you may be able to clear your record later through expungement or record sealing. This can help protect your job, professional licenses, and future opportunities, especially if you are eligible under California law or Proposition 47.
Assault vs. Battery: What's the Difference?
|
Topic |
Assault |
Battery |
|
Definition |
Attempt to cause harm or make someone fear harm |
Actual physical contact or harm |
|
Penal Code |
Penal Code Section 240 |
Penal Code Section 242 |
|
Injury Required |
No actual injury needed |
Physical contact must happen |
|
Example |
Swinging at someone but missing |
Punching someone in the face |
|
Charges |
Assault charges |
Battery charges |
|
Combined Charge |
Often charged as assault and battery |
Often charged together with assault |
Sealing or Expunging an Assault Record in California
An assault charge, even without a conviction, can stay on your criminal record and cause long-term damage to your future. It may show up on background checks, affect your ability to get a job, and limit your chances of keeping or earning professional licenses. It can even impact civil rights like your right to vote or own a firearm. Fortunately, California law allows some people to seal or expunge their records under certain conditions.
Expungement means your case is officially dismissed, which helps remove the negative impact of the charge. Record sealing, on the other hand, hides the arrest from public view, important for people whose charges were dropped or never filed. If your case involved misdemeanor assault and battery charges or a wobbler offense that was reduced, you may qualify for relief.
Kenney Legal Defense helps you review your history, understand what's possible and guides you through each step to clear your name.
Why Choose Our San Diego Assault Lawyer
1. We Know the Law and the Court System Inside and Out: Our team has deep experience with California Penal Codes 240, 242, 243(e)(1), and 245, and we understand how these laws are applied in San Diego courts. Whether you are facing aggravated assault or assault with a deadly weapon, we know how to build strong legal defenses that fit the local court system.
2. We Create a Legal Strategy Based on Your Specific Case: No two cases are the same, especially in assault and battery charges. We take time to learn every detail of your situation, review evidence like surveillance videos or medical reports, and build a legal strategy designed to protect your rights. No matter what crimes your case involves, we tailor the approach to fit your needs.
3. We Offer a Relentless Defense in and Out of Court: From the moment we take your case, we prepare as if it will go to jury trial. Our criminal defense lawyers are not afraid to stand up to prosecutors or challenge police reports. We file key motions, push back on weak evidence, and fight to get charges dropped or reduced whenever possible. We are aggressive where it matters, but always respectful of the legal process.
4. We Understand the Impact on Your Life: Assault charges can affect your job, family, reputation, and even your civil rights. If you're dealing with restraining orders, background checks, or risk to your professional licenses, we help you protect what matters most. We also assist with record sealing and expungement, so your future isn't controlled by one bad moment.
5. We Provide Clear Guidance Without Legal Jargon: We keep things simple. You'll understand the charges, the risks, and the options available, without confusing legal terms. Whether you are facing a DUI offense tied to an assault case or defending against claims of sexual battery, we explain every part of the criminal justice process so you always know where you stand.
6. We Are Recognized for Trial Experience and Client Support: Kenney Legal Defense is known for strong courtroom results and solid legal support. Our attorneys bring real trial experience, peer nominations, and independent research evaluations that reflect our commitment to excellent representation. We also offer a live chat and contact form, so getting help is fast, easy, and private.
FAQs
1. Can I face battery charges without causing serious harm?
Yes. Under Penal Code 242 PC, even minor unwanted physical contact can lead to battery crimes, especially if the act was intentional and offensive.
2. How long does the state have to file assault or battery charges?
The statute of limitations depends on the charge. Most misdemeanor assault or battery cases must be filed within one year, but felony charges, including gun crimes or sexual abuse cases, may allow more time under California criminal law.
3. What if I was arrested for assault while also facing drug charges or DUI?
You can be charged with multiple offenses at once. For example, assault and battery can be added to drug charges or driving under the influence (DUI) if others were harmed or placed in danger. Each charge brings separate penalties, so legal representation is important.
4. Why should I choose your law firm for my defense?
Kenney Legal Defense offers skilled legal representation for all types of assault, battery crimes, sexual abuse, and drug-related cases. Our team understands California criminal law, builds strong defense strategies, and fights hard to protect your rights from start to finish.
Contact Our San Diego Assault Lawyer for a Free Case Quote
If you are facing assault charges in San Diego, do not wait to get legal help. Whether your case involves simple assault, battery crimes, sexual abuse, or gun crimes, the penalties can be serious. A conviction can affect your freedom, your criminal record, and even your civil rights.
Kenney Legal Defense provides strong legal representation for people charged with assault, domestic violence, DUI offenses, and related criminal threats. Our law firm handles everything from misdemeanor cases to felony aggravated assault involving deadly weapons.
We understand how stressful this time can be. That is why we offer a clear legal strategy, constant support, and honest answers at every stage of the criminal justice process. We also help with expungement, record sealing, and protecting your rights during investigations.
Contact us today to speak directly with our San Diego criminal attorney and get a free case quote. We're ready to help you move forward.