It might have been a shoving match outside a bar, a heated moment in a parking lot, or a situation where you were only trying to protect yourself. Now you’re facing a criminal charge in Long Beach, and you’re searching for an assault and battery attorney who can help you make sense of it. Feeling shaken right now is completely normal. Understanding your rights and seeking appropriate legal guidance can help you make informed decisions about what happens next
This article explains the difference between assault and battery, what happens after an arrest, and which defenses may apply to your situation. If you’d rather talk to someone directly, call (562) 434-8916 for a free, confidential consultation. The earlier you get advice, the more options you’ll have.
Assault vs. Battery: What’s the Difference?
They’re two separate charges, though they’re often filed together. In California, assault generally means an attempt to use force or violence on someone. No one has to actually be touched. Battery generally means actually using force or making harmful or offensive contact with another person.
How serious the charge is can depend on:
- Whether anyone was hurt, and how badly
- Whether a weapon was involved
- Who the other person was, since some cases, such as those involving a police officer, are charged more harshly
- Your prior record, if any
Some cases are filed as misdemeanors, while others are filed as felonies. The details of what happened matter a great deal. A conviction can also show up on background checks, which may affect your job, professional licenses, or housing.
What Happens Right After an Arrest
Be careful about what you say. Police may ask for your side of the story. It’s usually best to stay calm and polite and say you’d like to speak with a lawyer before answering questions. Do this even if you believe you did nothing wrong. Statements made during police questioning may become part of the case, so it is important to understand your rights before answering questions
Don’t contact the other person. Reaching out to apologize or explain can be used against you, and if the court has issued a protective order, contact could violate it. Let your assault and battery lawyer handle communication about the case.
Evidence starts disappearing fast. Video from nearby businesses may be deleted or recorded over, and witnesses’ memories fade. That’s one of the biggest reasons to get a lawyer involved early.
From there, your case moves through arraignment, pretrial hearings, and eventually a resolution, whether that’s a dismissal, a plea agreement, or a trial.
Defenses an Assault and Battery Attorney May Explore
Every case is different, but these are some of the issues an attorney will look at closely:
Self-defense or defense of others. California law generally allows a person to use reasonable force if they reasonably believed they or someone else was in danger.
No intent to harm. Accidental contact in a crowded or chaotic setting isn’t the same as a deliberate act.
Mistaken identity. Fights often involve several people, and witnesses can easily point at the wrong person.
False or exaggerated accusations. Anger, jealousy, or a desire to shift blame can lead to claims that don’t hold up.
Depending on the circumstances, an attorney may also explore whether reduced charges or alternative sentencing options are available.
If you’ve been arrested for assault or battery in Long Beach, Los Angeles County, or Orange County, call (562) 434-8916 today, before key evidence is lost.
Why a Local Assault and Battery Attorney Makes a Difference
Violent crime cases are handled differently from one courthouse to the next. A Long Beach criminal lawyer who knows the local judges and prosecutors understands how these cases tend to be charged and what resolutions are realistic. If you’ve been typing “criminal defense attorneys near me” into your phone, local knowledge is exactly what you should be looking for.
Assault and battery are only part of what our office handles. You can view the full list of criminal defense practice areas we cover.
Why Clients Trust Jerry Nicholson
Jerry Nicholson started his legal career in 1978 as a Deputy District Attorney for Orange County, prosecuting misdemeanor and felony cases. He later supervised criminal and litigation matters as a partner at Hunter, Nicholson & Mason before opening his own criminal defense practice in 1987.
Today he brings more than three decades of criminal defense experience to clients across Long Beach and Orange County, and to anyone who needs a defense attorney in Los Angeles, CA. Get to know Jerry’s background, and see what former clients have shared.
Frequently Asked Questions
Can I be charged with assault if I never touched anyone? Yes. Assault in California is generally about an attempt to use force, so physical contact isn’t required.
Is self-defense a valid defense to battery? It can be. If you reasonably believed you or someone else was in danger and used reasonable force, self-defense may apply.
Will the charges go away if the other person doesn’t want to press charges? Not necessarily. In California, the prosecutor decides whether to file or dismiss charges, not the person who was allegedly hurt.
Is assault a felony in California? It can be either. Simple assault and battery are usually misdemeanors, but injuries, weapons, or other factors can lead to felony charges.
Get Your Side of the Story Heard
An assault or battery charge can have serious consequences, but understanding your legal rights is an important first step. An experienced attorney can review what really happened and start building your defense right away. Call the Law Offices of Jerry Nicholson today at (562) 434-8916 for a free, confidential consultation.
