How to Defend an Assault and Battery Case
To defend an assault and battery case you need an aggressive criminal defense attorney who knows how to impeach the credibility of the alleged victim and witnesses against you.
You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:
- Fight to protect your rights.
- Research the defenses that apply to your case.
- Initiate investigation to prove you are innocent.
- Review the facts with you to determine if a lesser charge is appropriate.
- Present mitigating factors about you and your case to the judge and prosecutor.
- Negotiate the best possible result for your case.
Common Assault and Battery Crimes
Below you will find a list of some of the most common assault and battery crimes. All references are to the California Penal Code (pc). Click on each crime to learn more about their definitions, penalties, and how Jennifer Monroe can help you.
The summary is intended to give you an overview of what you may be facing, but does not include all of the consequences and potential defenses. Please contact Jennifer Monroe directly for more information about the crimes listed.
Jennifer Monroe has personally handled all of the assault and battery crimes listed below. If you have trouble locating a crime below, please contact Jennifer Monroe directly, she has likely handled that crime before and can help you.
- Assault with a Deadly Weapon
- Assault by Force Likely to Produce GBI
- Battery Domestic Violence
- Corporal Injury to a Child when battery on a child results in an injury
- Corporal Injury Domestic Violence when domestic battery results in an injury
Assault / Assault with a Deadly Weapon / Assault by Force Likely to Produce GBI
– California Penal Code 240, 245 pc
There are several types of assault.
Simple assault in violation of California Penal code 240 pc is a misdemeanor and is generally charged when you tried to hit someone and missed. Simple assault is punishable by up to six months in local jail and or a $1,000 fine. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.
Assaults on emergency personal or the police are misdemeanors and punishable by up to a year in local jail and or a $2,000 fine which could cost you almost $7,000.
Assault with a deadly weapon is a felony strike offense in violation of California Penal Code 245(a)(1) pc punishable by up to 4 years in state prison. If the offense involves a firearm in violation of California Penal Code 245(a)(2) pc the offense is a strike and the penalty could go up to 12 years in state prison or more if the firearm was actually used. The fine is up to $10,000 plus penalty assessments and fees which could be substantial.
Assault by force likely to produce Great Bodily Injury (GBI) is a felony in violation of California Penal Code 245(a)(4) pc punishable by up to 4 years in jail and or a fine up to $10,000 plus penalty assessments and fees. This offense is a strike if great bodily injury actually occurs. If great bodily injury occurs then there is a potential for up to 7 years in state prison or jail.
Assault with a deadly weapon and assault by force likely to produce great bodily injury in violation of California Penal Code 245(a)(1) pc and 245(a)(4) pc are felony wobblers which means that they can be reduced to a misdemeanor by the judge or prosecutor. If reduced to a misdemeanor the offense is no longer a strike. Jennifer Monroe can help you get your case reviewed. Please contact Jennifer Monroe directly to see how she can help.
Battery – California Penal Code 242 pc
Simple battery is defined as any willful and unwanted force or violence against another. Battery does not require an injury.
Battery is a misdemeanor punishable by up to 6 months in jail and or a $2,000 fine. After mandatory penalty assessments and fees a $2,000 fine could cost you almost $7,000. The court may also order a restraining order, weapons conditions, search and seizure terms, and restitution.
A misdemeanor conviction of California Penal Code 242 pc will result in a 10 year loss of your right to own to own or possess a firearm.
Battery Domestic Violence / Corporal Injury Domestic Violence
California Penal Code 243 pc, 273.5 pc
Battery involving domestic violence requires the willful and unwanted force or violence against someone who is your spouse, cohabitant, parent of your child, or someone you have or previously had a relationship with. No injury is required to prove this crime.
Domestic violence battery is a misdemeanor violation of California Penal Code 243(e)(1) pc and is punishable up to a year in local jail and or a $2,000 fine plus mandatory penalty assessments and fees, and a 52 week batterer’s treatment program. The court will also order a restraining order, weapons conditions, search and seizure terms, and restitution.
A misdemeanor conviction of California Penal Code 243(e)(1) pc will result in a 10 year loss of your right to own to own or possess a firearm.
Corporal injury requires the willful infliction of any injury (minor or serious) on someone who is your spouse, cohabitant, parent of your child, or someone you have or previously had a relationship with.
Corporal Injury is a felony violation of California Penal Code 273.5 pc but may be reduced to a misdemeanor by the judge or prosecutor because it is a wobbler. Corporal injury is punishable up to four years in jail and or a $6,000 fine plus mandatory penalty assessments and fees, and a 52 week battererâ€™s treatment program. The court will also order a restraining order, weapons conditions, search and seizure terms, and restitution. In Ventura County there are additional terms that include direct work and fees to shelters.
A felony domestic violence conviction for California Penal Code 273.5 pc will result in a permanent loss of your right to own or possess a firearm. A misdemeanor conviction of California Penal Code 273.5 pc will result in a 10 year loss of your right to own to own or possess a firearm.
Jennifer Monroe will meet with you to review your case and your background and to help you resolve the problems you are having at the home that lead to your arrest or brought you before the court. She wants to get you and your relationship back on the right track, or in some cases help you end the relationship. Depending on the facts of your case, if this is your first domestic violence offense you may qualify for an office hearing, diversion, probation, or community service instead of jail if your case is in Los Angeles County. If your case is in Ventura County Jennifer Monroe has been successful obtaining straight dismissals.
Child Endangerment / Corporal Injury to a Child â€“ California Penal Code 273a pc, 273d pc
Child abuse charges in violation of California Penal Code 273a pc and 273d pc include physical and mental abuse, as well as allowing a child to be placed in a situation where his or her person or health may be endanger.
Child abuse charges can be prosecuted as a misdemeanor or felony. They are punishable by jail, and fines. The court will also order a protective order and parenting classes.
ASSAULT AND BATTERY CASE RESULTS
ASSAULT WITH A DEADLY WEAPON California Penal Code 245 pc
CHARGES DROPPED – Long Beach
Client was wanted by the police for assault with a deadly weapon. Attorney Jennifer Monroe was retained before the police found the client and immediately initiated a defense investigation. During the investigation Jennifer Monroe obtained the statement of a key eye witness and presented the defenses to the detective. When the police did try and arrest the client, Jennifer Monroe contacted the detective and had the client released immediately, before he was ever taken to the station for booking. Thereafter, the District Attorney and City Attorney dropped charges based on the defense investigation.
CHARGES REDUCED AND DIVERSION GRANTED – Burbank
Client was charged with assault with a deadly weapon by trying to run someone over. If convicted the client would likely be sent to jail and loose his driver’s license forever. Attorney Jennifer Monroe conducted a complete defense investigation and negotiated the charge down to disturbing the peace (one of the lowest misdemeanors available). The client was placed on diversion for disturbing the peace and after he completed anger management classes the case was dismissed.
BATTERY California Penal Code 242 pc
CHARGES REDUCED – Airport Courthouse, Los Angeles County
Client was involved in a fight on school grounds and facing a battery charge. Attorney Jennifer Monroe convinced the prosecutor to reduce the charge from battery to fighting in public, a less serious offense, and he received a light sentence.
CORPORAL INJURY TO A CHILD California Penal Code section 273d(a) pc
Client was accused of hitting her child with a stick and causing a traumatic injury in violation of California Penal Code section 273d(a) pc which states:
“Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars ($6,000), or by both that imprisonment and fine.”
The District Attorney was seeking a plea to the corporal injury charge, 3 years of probation, Cal Trans work, and 52 weeks of Parenting classes. The conviction would forever be a black mark on the clients record with the Department of Child and Family Services. Alhambra Criminal Defense Attorney Jennifer Monroe successfully obtained a reduced charge, no Cal Trans or jail, and after one year the court would consider terminating the probation and dismissing the case.
DOMESTIC VIOLENCE BATTERY California Penal Code 243(e)(1) pc
CASE DISMISSED – Simi Valley, Ventura County Superior Court
Client was charged with battery on her spouse. Client believed she acted in self-defense to fend off further attack from her spouse. Attorney Jennifer Monroe gathered significant evidence to show the alleged victimâ€™s propensity for violence and vast good character evidence about her wrongfully accused client. Jennifer Monroe answered ready for trial, and the prosecution dismissed the case to avoid going to trial.
DOMESTIC VIOLENCE CORPORAL INJURY California Penal Code 273.5 pc
CASE DISMISSED – Ventura
Client was charged with Corporal Injury to his spouse. Clientâ€™s spouse reported to the police that her husband hit her in the mouth causing a laceration and profuse bleeding. As a former prosecutor Jennifer Monroe understands why charges were filed. However, Jennifer Monroe interviewed the victim and discovered that the client accidentally hit the victim in her mouth. Jennifer Monroe convinced the prosecution that it was in fact an accident and the prosecution dismissed the case.
CHARGES DROPPED – Simi Valley, Ventura County Superior Court
Clientâ€™s soon to be ex-wife claimed he choked her and took her cell phone. Client was facing felony domestic violence corporal injury charges and misdemeanor theft charges. Client retained Attorney Jennifer Monroe as soon as he bonded out from jail. Jennifer Monroe immediately started a pre-filing investigation and built up a case against the ex-wife that questioned her credibility. After review of the defense investigation, the prosecutor agreed with Jennifer Monroeâ€™s investigation and dropped the domestic violence charges.
See Results for more examples of how Jennifer Monroe has helped defend her clients.
Los Angeles and Ventura County Assault and Battery Defense Attorney
Call Jennifer Monroe directly at (805) 501-1880 for immediate assistance with your assault and battery case.
Contact Us now to see how Jennifer Monroe can help defend you.