Payment PlansLos Angeles Assault Lawyer
In Los Angeles, an assault charge is when the state alleges you tried to hurt another person. The Law Offices of David S. Chesley specialize in defending clients against simple and aggravated assault charges throughout Los Angeles and California. Our assault defense attorneys draw on insights as former prosecutors and decades of combined courtroom experience to build staunch defenses for our clients.
California assault charges can lead to severe penalties. If convicted of simple assault, you're facing months in jail and up to $1,000 in fines. If it's aggravated assault, those potential penalties grow to 4 years in jail and $10,000 in fines. And once released, you'll have a criminal record following you into your personal life.
Don't wait while the odds stack up against you. Call (800) 755-5174 now to speak with a Los Angeles assault lawyer.
Reviewed by Attorney David S. Chesley, September 2026. California criminal defense since June 2005, SBN 236611.
Key Points
- Assault is an intentional attempt to hurt another person, whether or not they are actually harmed.
- Battery is intentionally causing physical harm to another person or touching them in an offensive way.
- You can be charged with both assault and battery in the same case.
- Aggravated Assault is not one specific charge, but includes charges like assault with a deadly weapon, assault on a police officer, or assault with force likely to produce great bodily injury.
- Assault can be defended against using special, violent crime-specific strategies like self-defense and defense of others.
- The Law Offices of David S. Chesley provides local, expert assault defense services in Los Angeles.
Related Pages
Understanding Assault Charges in California
California law defines "assault" in PC § 240 as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." In plain English, that means that assault is when one person tries to hurt another and could succeed.
In order to be convicted of assault, the prosecution has to prove the following:
- You took an action that would likely hurt another person.
- You took that action on purpose.
- You were aware that the other person could be hurt by your actions.
- There was no legal justification for the action.
The prosecution does not need to prove that you actually hurt the other person. That would count as battery instead:
Assault vs. Battery
An easy way to distinguish between assault and battery is whether or not the alleged victim was actually harmed by the attack. If they were not, then it was only assault. If they were, then you could be charged with battery as well.
The main elements of battery are:
- Intentionally touching another person in a harmful or offensive way.
- It was not done in self-defense/defense of others.
- It was not done as reasonable discipline for a child.
- The other person did not consent (e.g., for a boxing match).
Simple vs. Aggravated Assault
Simple assault is generally considered the lesser charge:
- Simple assault is a misdemeanor.
- Jail sentences are no higher than 6 months.
- Fines are no higher than $1,000.
Aggravated assault charges can vary in scope and definition:
- Possible forms of aggravated assault include:
- Assault with a deadly weapon
- Assault with a firearm
- Assault by means likely to produce great bodily injury
- Assault with caustic chemicals
- Assault on a police officer
- Generally speaking, aggravated assault has the potential to cause greater harm than simple assault.
- Penalties vary, but many are wobblers or felonies.
Common Types of Assault Charges Our Lawyers Defend in Los Angeles
At the Law Offices of David S. Chesley, our attorneys are experienced at defending clients against a variety of assault charges. We examine evidence to look for false accusations, proof that actions were unintentional, and self-defense motivations.
Here are some of the types of assault charges our violent crimes lawyers can help you defend against:
Domestic Violence Assault
- California domestic violence charges are in some ways the reverse of regular assault:
- Domestic battery is an attempt to harm an intimate partner, but without causing injury.
- Corporal injury on a spouse or cohabitant means physically harming an intimate partner.
- Penalties often include mandatory minimum sentences, with potential months or years in jail and fines.
- Additionally, even misdemeanor domestic violence convictions can result in a firearms ban.
- Collateral consequences can also include the loss of family rights.
Assault with a Deadly Weapon (ADW)
- Assault with a deadly weapon is any assault that includes tools like knives, clubs, and guns.
- Penalties often depend on the type of weapon used:
- Non-firearms are wobblers and considered the least serious.
- General firearms are also wobblers, but include a higher mandatory minimum sentence.
- Machine guns are automatically felonies.
- These charges are further enhanced if the alleged victim was a police officer or firefighter.
Assault on a Police Officer
- Assault on a police officer is any assault committed against a police officer who is on the job.
- The same law makes it a serious crime to commit assault against firefighters, EMTs, paramedics, lifeguards, doctors, and other safety/healthcare workers.
- The maximum jail sentence is increased to 1 year, and the maximum fine is increased to $2,000.
- Defenses can include that you did not (and reasonably could not) know that the alleged victim was a police officer. However, you can still be charged with regular assault in this case.
Assault With Force Likely to Produce Great Bodily Injury
- Assault with force likely to produce great bodily injury (GBI) is a serious assault charge, but it's not always well-defined.
- Possible GBIs include: broken bones, concussions, burns, and black eyes.
- Ultimately, it's up to the jury to determine whether an assault could have resulted in serious harm or not.
- Defenses can include arguments that the assault would only have caused minor injury, but that leaves open the possibility of a simple assault conviction.
If you're facing a different assault charge than the ones described above, our Los Angeles assault defense attorneys are ready to talk about how we can help. Call us at (800) 755-5174 for a free, confidential case review.
Penalties for Assault Convictions in Los Angeles
Assault convictions in Los Angeles can result in jail time, fines, and the loss of certain rights/freedoms. What makes these charges different is the line between simple assault and aggravated assault. Your Los Angeles criminal defense attorney should help you explore options for reduced charges, minimizing the possibility of a felony conviction.
Simple Assault (Misdemeanor) Penalties
- Jail time: Up to 6 months
- Fines: Up to $1,000
- Other Consequences: Possible probation, restraining orders
Assault with a Deadly Weapon – Not a Firearm (Wobbler) Penalties
- Misdemeanor Jail time: Up to 1 year
- Fines: Up to $1,000
- Felony Jail Time: Up to 4 years
- Fines: Up to $10,000
- Other Consequences: Loss of gun rights, loss of voting rights, immigration complications, employment barriers, possible restraining orders
Assault With Force Likely to Produce Great Bodily Injury (Wobbler) Penalties
- Misdemeanor Jail time: Up to 1 year
- Felony Jail Time: 2, 3, or 4 years
- Fines: Up to $10,000
- Other Consequences: Loss of gun rights, loss of voting rights, immigration complications, employment barriers, possible restraining orders
Assault and Related Charges: Penalties Table
| Charge | Statute | Misdemeanor or Felony? | Maximum Fine | Maximum Jail Sentence |
|---|---|---|---|---|
| Simple Assault | PC § 240 | Misdemeanor | $1,000 | 6 Months |
| Assault With a Deadly Weapon (Non-Firearm) | PC § 245(a)(1) | Wobbler | $10,000 | 4 Years |
| Assault With a Deadly Weapon (Standard Firearm) | PC § 245(a)(2) | Wobbler | $10,000 | 4 Years |
| Assault With a Deadly Weapon (Assault Weapon) | PC § 245(a)(3) | Felony | N/A | 12 Years |
| Assault on a Police Officer | PC § 241 | Misdemeanor | $2,000 | 1 Year |
| Assault With a Deadly Weapon on a Police Officer (Non-Firearm) | PC § 245(c) | Felony | N/A | 5 Years |
| Assault With a Deadly Weapon on a Police Officer (Standard Firearm) | PC § 245(d)(1) | Felony | N/A | 8 Years |
| Assault With a Deadly Weapon on a Police Officer (Assault Weapon) | PC § 245(d)(3) | Felony | N/A | 12 Years |
| Assault with Force Likely to Produce Great Bodily Injury | PC § 245(a)(4) | Wobbler | $10,000 | 4 Years |
| Assault with Caustic Chemicals | PC § 244 | Felony | $10,000 | 4 Years |
| Simple Battery | PC § 242 | Misdemeanor | $2,000 | 6 Months |
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | $2,000 | 1 Year |
| Corporal injury on a spouse or cohabitant | PC § 273.5 | Wobbler | $6,000* | 4 Years* |
*Note that these penalties can be increased further based on your criminal record. Always consult with a Los Angeles assault lawyer to determine the full range of possible penalties in your case.
Defenses Against Assault Charges in Los Angeles
Assault charges can be defended against using several standard criminal defense tactics (like false allegations or insufficient evidence), and also using violent crime-specific defenses (like self-defense and defense of others). Your Los Angeles assault defense attorney will help you decide on the right strategy for your case.
- Self-Defense — California allows its citizens to defend themselves against legitimate threats, without prosecution.
- Defense of Others — Similar to self-defense, defense of others gives you a legal justification for your actions.
- Lack of Intent — Assault charges hinge on intent. If you did not mean to put the other person in danger, you did not commit assault.
- False Allegations — Especially in domestic violence and family custody cases, there are opportunities for alleged victims to have ulterior motives in their accusations.
- Insufficient Evidence — The prosecution has to prove that you committed assault beyond a reasonable doubt. If they fail to fulfill all elements of assault, we'll highlight that.
- Mistaken Identity — If you were misidentified and are actually innocent, we'll work to present alibis and challenge witness testimony.
- Plea Deals — Plea deals don't totally negate a charge, but can reduce a felony aggravated assault charge to a misdemeanor simple assault charge.
Why Choose the Law Offices of David S. Chesley for Your Assault Defense?
The Law Offices of David S. Chesley draws on decades of experience, defending clients against thousands of criminal charges (including assault charges just like yours). Additionally, we have experience as former judges, police officers, and prosecutors, and know how to challenge the cases the state builds.
Here's more of what sets us apart from other Los Angeles criminal defense firms:
- Local Expertise — We are based in Los Angeles and our founder, David Chesley, is a former Los Angeles County prosecutor.
- Wide-Reaching Relationships — Our attorneys have connections with courts across California and will use those in plea deal negotiations.
- Extensive Experience — We have over 50 years of combined courtroom experience, working both for the state and as defense lawyers.
- Positive Reputation — Our past results of delivering positive outcomes has given us a positive reputation with both clients and peers.
- Emergency Availability — Our phone lines are open 24/7. If you need to speak with an assault defense lawyer in Los Angeles, we're ready for you anytime.
- Payment Plans — We set up affordable payment plans for our clients, so that a quality defense is available regardless of your income bracket.
- Recent Case Results — In a recent robbery and assault case, we negotiated a complete dismissal of all charges.
If you've been accused of assault, we're here to defend you. Call now at (800) 755-5174 or contact us online to get started.
The Los Angeles Assault Defense Process: What to Expect
When you reach out to a defense attorney at our firm, they are ready to start working on it right away. We're with you every step of the way, from the initial consultation to plea negotiations to trial.
- Free, Confidential Consultation — When you come in for your initial consultation, we'll discuss your case, provide our honest take on the situation, and note potential defensive strategies.
- Investigation — We'll dive into police reports, discovery, and any other evidence that we are able to find which could help your case
- Defensive Planning — With the evidence in hand, we'll discuss what defensive strategy works best for your situation.
- Negotiation — Your attorney will reach out to the prosecution and negotiate for a favorable plea deal.
- Trial Representation — If the negotiations don't result in a deal, we'll present your defense in front of a jury, challenging the prosecution's narrative.
Our firm provides defense in all Los Angeles County courthouses, including:
- Clara Shortridge Foltz Criminal Justice Center
- Metropolitan Courthouse
- San Fernando Courthouse
- Stanley Mosk Courthouse
- Van Nuys Courthouse East
- Van Nuys Courthouse West
Wherever you're at in the Los Angeles criminal justice process, a defense lawyer can help you navigate it. We're prepared to fight for bail, defend you in interviews, and guard you against the prosecution.
Los Angeles Assault Frequently Asked Questions
What is the difference between assault and battery in California?
California defines assault as an attempt to cause harm to another person, and battery as actually causing that harm. If you allegedly hurt someone on purpose, you can be charged with both assault and battery in the same case.
Can I get probation for an assault conviction in Los Angeles?
Yes, you can get probation for an assault conviction in Los Angeles. It may look different depending on the details of your case:
Misdemeanor assault convictions are often eligible for summary probation, which is less formal and normally unsupervised.
Felony assault convictions are less likely to receive probation. When they do, it is normally formal probation with a dedicated probation officer and regular check-ins.
What happens if I am falsely accused of assault?
If you are falsely accused of assault, you still need to contact an assault lawyer to defend you. You will have to go through the Los Angeles court process, gather exculpatory evidence, and present a defense rooted in your actual innocence.
What is the statute of limitations on assault in California?
In California, simple assault has a 1-year statute of limitations because it is a misdemeanor. Felony assault (like many aggravated assault charges) typically has a statute of limitations of 3 years.
If the prosecutor files assault charges before the statute of limitations expires, your case can proceed even if you pass the statute of limitations during the court process.
Should I talk to the police if I am accused of assault?
No — never talk to the police alone if you are accused of assault in Los Angeles, no matter the circumstances. A local criminal defense lawyer can help you handle interviews and let you know what is and isn't safe to share with the police.
Los Angeles Assault Crime Charge Resources:
Los Angeles and California Court Resources
Los Angeles County Superior Court
Los Angeles Superior Court Criminal Division
California Courts Criminal Case Guide
California Courts: Guide to Protective Orders
Los Angeles County Probation Department
Law Offices of David S. Chesley
Main Office:
4533 Van Nuys Boulevard
Second Floor
Sherman Oaks, CA 91403
(800) 755-5174
Los Angeles County Office:
1933 S Broadway Suite 1100
Los Angeles, CA 90007
(213) 908-2262
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Contact an Experienced Assault Lawyer in Los Angeles Today
The Law Offices of David S. Chesley is dedicated to providing a high-quality defense to all of our Los Angeles clients. We offer free, confidential consultations and are ready to help with your case today.
Call (800) 755-5174 or use our online contact form to connect with an expert assault lawyer in Los Angeles today.
