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? 

[Sub:BusinessName} offers representation in cases involving:

• 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.