Riverside Assault and Battery Defense Attorney

If you have been arrested and charged with assault by Riverside police, contact a Riverside assault and battery defense lawyer from the Law Offices of Schwartz & Godbey as soon as possible.

You have a better chance of receiving fair treatment by the criminal justice system when you retain the services of one of our aggressive criminal defense attorneys. Assault and battery charges can have serious consequences and require an experienced criminal defense lawyer.

Effective Assault and Battery Defense Lawyers for the Riverside Community

We treat each client with the respect and dignity they deserve, regardless of the charges they face. An arrest does not mean you have been convicted. Depending on the circumstances, we may be able to get the charges dropped or significantly reduced before trial.

If not, we are always prepared to mount a tough and persuasive defense before the judge or jury. With over 30 years of criminal defense experience, our team is ready to protect your rights.

Assault Statistics in California

Aggravated assault is one of the crimes used in the violent crime index to monitor violent crime rates throughout the United States. In California, the Public Policy Institute of California releases crime statistics, including aggravated assault.

As of 2024, California’s violent crime rate has decreased to 481 per 100,000 residents. Assault rates are also down 4.8% compared with 2023 rates. Aggravated assaults involving a firearm have declined by 19.5% from 2023 to 2024.

If you are facing assault and battery charges in Riverside, your case is heard by the Superior Court of California, County of Riverside. The Superior Court hears cases at the Robert Presley Hall of Justice located at 4100 Main Street in Riverside.

Assault and Battery Defined

Though people often use the words “assault” and “battery” interchangeably, they are actually two separate crimes. In California, simple battery is when force is intentionally used against another person’s body.

Aggravated battery is a more serious charge and usually involves the use of a gun or another deadly weapon—or a battery committed during another felony, such as a robbery. Meanwhile, an assault is an attempt to commit battery, such as by attempting to punch someone.

Common Defense Strategies for Assault and Battery Cases

When you have been accused of assault and battery, it can feel overwhelming. You may think that there is little recourse in how you respond to these accusations. However, an experienced Riverside assault and battery attorney can review the facts of your charges and help you present a solid defense strategy. Some common defense strategies include:

• Challenged facts of the charges. If you have been mistakenly identified or there has been a misunderstanding of how the charges originated, you can challenge the facts of your case. Eyewitness accounts are not always reliable, especially when determining someone’s intent.
• Alibi. If your charges result from a case of mistaken identity, you can provide proof of your alibi that shows you were not involved in the charges of which you have been accused.
• Self-defense. If the other person was the initial aggressor, you can argue that you only took the action you did in order to prevent harm to yourself. You are allowed to defend yourself using reasonable force if you fear for your safety.
• Defense of others. You also have the right to step in and intervene if you see someone else being harmed. If your charges are the result of trying to protect someone else, you can argue that you used reasonable force to prevent substantial harm to another.
• Violations of your rights. If there were issues during your initial arrest or during the investigation that impinged on your constitutional rights, it is possible that the illegally obtained evidence can be suppressed.
• Consent. If you had the consent of the alleged victim to engage in behaviors that could be interpreted as assault and battery, you can use that consent to argue that a crime has not been committed.

Penalties When Convicted of Assault and Battery

The penalties for committing an assault and battery vary with the seriousness of the charges. Misdemeanor charges carry lesser penalties than felony charges. Potential penalties are outlined in California’s Penal Code Sections 241 for assault and 243 for battery. These penalties include:

• For assault charges, you could face fines from $1,000 to $2,000, imprisonment from six months to one year, or a combination of fines and imprisonment.
• For battery charges, you could face fines from $2,000 to $10,000, imprisonment from six months to four years, or a combination of fines and imprisonment.

In addition to these punishments, you could also face additional fines, and you will have a permanent criminal record that could affect different aspects of your life. Having a criminal record makes it more difficult to find employment opportunities and adequate housing options and prevents you from using government assistance to further your education.

FAQs

Q: How Much Does It Cost to Hire an Assault and Battery Defense Lawyer in Riverside?

A: The cost to hire an assault and battery defense lawyer in Riverside depends on the specifics of your charges. Simple assault or battery charged as a misdemeanor costs less to defend than a felony charge of aggravated assault. Some defense lawyers charge based on an hourly rate, while others use a flat-fee schedule. If your case goes to trial, there may be additional costs. Before work begins on your case, you are often required to pay a retainer fee.

Q: What Three Elements Must Be Present to Prove That an Assault Occurred?

A: To prove that assault occurred, three elements must be present, including a willful action, awareness of facts, and present ability. Willful action refers to intentional behavior that could result in the use of force against another person. The party that committed the assault had to be aware of the fact that their actions would result in the use of force. The accused party also had to have the ability to use force against another person.

Q: Do Assault and Battery Charges Require the Victim to Be Injured?

A: No, assault and battery charges do not require that the victim experience an injury. Threatening to commit harm against another person and attempting to commit harm against another person can lead to assault charges, even if no physical contact is made. If contact is made, any unwanted physical contact qualifies as a battery even if the person is not physically harmed by the action. Charges can be escalated if the victim experiences great bodily harm.

Q: Can You Be Charged With Assault and Battery if the Other Person Initiated Contact?

A: Yes, it is possible to be charged with assault and battery even when the other person initiated contact. In California, you have the right to defend yourself, but if you use unlawful force while defending yourself, you could still face charges of assault and battery. For instance, if someone pushed you and you responded by using a weapon or with enough force to cause great physical harm, those actions would not be considered justifiable use of force.

Let Our Team Stand Up for Your Rights

You have rights. Our lawyers can make sure the police, prosecutors, and judges respect those rights. Our lead attorney, Catherine A. Schwartz, has practiced criminal defense in the Inland Empire for more than 30 years.

Call 951-686-8190 today to arrange a free initial consultation with one of our attorneys. Our office is conveniently located in Riverside, California. You do not have to face these charges alone. Contact our team today to schedule your initial consultation.