Being arrested for assault or battery does not mean you are guilty. Arguments, fights, misunderstandings, conflicting witness accounts, and allegations of self-defense can quickly result in criminal charges. What actually happened—and what the prosecution can prove—matters.
Fresno criminal defense attorney Gregory W. Fox has more than 20 years of experience defending individuals accused of criminal offenses throughout Fresno and Central California. If you have been arrested, charged, or are under investigation for assault or battery, contact our office to discuss your case.
Assault and Battery Are Different Crimes in California
Although the terms are commonly used together, assault and battery are separate offenses under California law.
Assault — California Penal Code § 240
California generally defines assault as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person.
Physical contact is not required for an assault charge. Depending on the circumstances, a person may therefore face an assault allegation even though nobody was actually struck or injured.
Battery — California Penal Code § 242
Battery involves the willful and unlawful use of force or violence against another person.
The prosecution does not necessarily need to prove that the alleged victim suffered a serious physical injury. Even relatively minor physical contact may potentially support a battery charge when the other required elements are present.
Types of Assault and Battery Cases We Defend
Assault and battery allegations can range from relatively minor misdemeanor cases to serious felony prosecutions.
Our office can defend charges involving:
- Simple assault
- Simple battery
- Aggravated battery
- Assault with a deadly weapon
- Assault likely to produce great bodily injury
- Battery causing serious bodily injury
- Assault involving a firearm or other weapon
- Assault or battery arising from a domestic dispute
- Fights involving multiple participants
- Allegations involving protected persons or public employees
- Felony assault and battery charges
The exact charge and potential consequences depend heavily on the alleged conduct, injuries, weapons involved, criminal history, and other circumstances.
Defenses to Assault and Battery Charges
No two cases are identical. An effective defense begins with carefully examining the evidence rather than simply accepting the version of events contained in a police report.
Potential issues may include:
Self-Defense or Defense of Others
California law recognizes the right to use reasonable force in appropriate circumstances to protect yourself or another person. Determining who initiated a confrontation and whether the force used was reasonable can be critical.
False or Exaggerated Allegations
Witnesses do not always agree about what happened. Emotions may be high, particularly when allegations arise from arguments, relationships, family disputes, or fights involving several people.
Lack of Intent
Accidental physical contact is different from a willful unlawful act. Video, witness testimony, physical evidence, and the circumstances surrounding an incident may help establish what actually occurred.
Insufficient Evidence
The prosecution bears the burden of proving the charge beyond a reasonable doubt. Conflicting statements, unreliable witnesses, poor-quality video, missing evidence, or other weaknesses can significantly affect a case.
Why Early Investigation Matters
Assault cases can depend heavily on evidence that disappears quickly.
Surveillance footage may be erased. Witnesses may become difficult to locate. Text messages, photographs, social-media posts, and other evidence can be lost.
Getting a defense attorney involved early can allow the defense to investigate the incident independently rather than relying exclusively on the investigation conducted by law enforcement.
Charged With Assault or Battery in Fresno?
A criminal conviction can affect far more than the immediate possibility of jail, probation, or fines. Depending on the charge, it may affect employment, professional licensing, firearm rights, immigration consequences, and your criminal record.
Gregory W. Fox personally handles his clients’ criminal cases, from reviewing the evidence and developing a defense strategy through negotiations and court appearances.
If you have been accused of assault or battery in Fresno or elsewhere in Central California, call (559) 222-5800 or contact the Law Office of Gregory W. Fox to request a consultation.