Pasadena Assault & Battery Lawyer Near You

Facing assault or battery charges in Pasadena can be frightening. We understand you’re worried about jail, your record, and your future.

Pasadena criminal defense attorney Tony Tung has extensive experience defending clients in local assault and battery cases. Fluent in Chinese, Tony ensures clear, compassionate, and personalized legal support for every client.

Our attorneys carefully listen to your story, clarify your legal situation, and build a strong, customized defense strategy. With deep familiarity of the Pasadena Courthouse, local prosecutors, and the Pasadena Police Department, we effectively guide you through each step.

Don’t face this alone. Call (626) 416-4668 anytime, day or night, for a free, confidential consultation. The sooner you act, the better your chances for a positive outcome.

What Is the Difference Between Assault and Battery under California Law?

Understanding the difference between assault and battery is important, as each involves distinct legal elements and penalties.

Assault under California Penal Code 240 occurs when someone attempts or threatens physical harm, creating reasonable fear in another person. Actual physical contact is not required for an assault charge. For example, raising your fist threateningly – even without striking – could be assault.

Battery, defined by Penal Code 242, involves the actual unlawful use of physical force or touching against someone else, even if minor or causing no injury. Actions like pushing, shoving, or spitting at someone can lead to battery charges.

Simply put, assault refers to an attempted act or threat of violence, while battery involves completed physical contact. Frequently, individuals may face both charges simultaneously if an altercation escalates from threats to physical actions.

California recognizes different degrees of these offenses. Some charges are misdemeanors, others become felonies if serious injuries or weapons are involved. Our attorneys help clarify exactly what charges you face and how best to defend against them.

What Common Assault and Battery Charges Could You Face in Pasadena, CA?

California penal law includes several types of assault and battery charges, each with distinct legal definitions and potential penalties. Here are the most common charges our clients face:

Simple Assault (Penal Code 240)
Involves threatening or attempting violence, even without physical contact. Typically a misdemeanor punishable by up to 6 months in county jail and a fine.

Simple Battery (Penal Code 242)
Defined as unlawful, intentional physical contact – no matter how slight – with another person. Usually results in misdemeanor charges, carrying penalties of up to 6 months in jail and fines.

Assault with a Deadly Weapon (Penal Code 245(a)(1))
Occurs when someone uses or threatens to use a weapon or force capable of causing serious injury. It’s a “wobbler,” meaning prosecutors may charge it as either a misdemeanor or felony, carrying penalties up to 4 years in state prison if a felony.

Battery Causing Serious Bodily Injury (Penal Code 243(d))
Known as aggravated battery, this involves battery resulting in significant injury. Also a wobbler offense, it can lead to serious penalties, including prison sentences up to 4 years.

Domestic Battery (Penal Code 243(e)(1))
Occurs in domestic relationships and includes minor physical interactions. Usually charged as a misdemeanor but often carries mandatory penalties like a 52-week batterer intervention program and restraining orders.

Battery on a Peace Officer (Penal Code 243(b), (c))
Any battery committed against protected officials such as police officers, firefighters, or emergency responders results in heightened penalties, including potential felony charges.

In Pasadena, these offenses frequently arise from incidents in places such as Old Pasadena bars, local events, or domestic disputes. Our attorneys are deeply familiar with Pasadena’s legal landscape and tailor specific strategies to effectively handle each type of charge.

What Penalties Could You Face for an Assault or Battery Conviction in California?

The penalties for assault and battery charges in California depend heavily on the severity of the charge and whether it’s prosecuted as a misdemeanor or felony.

Misdemeanor charges typically involve:

• Up to 6 months in county jail (or up to 1 year for more severe misdemeanors, like domestic battery).
• Fines reaching $1,000 for assault and $2,000 for battery charges.
• Probation, anger management programs, or mandatory community service.
• For domestic battery, required completion of a 52-week batterer’s intervention program and potential protective orders.

Felony charges carry harsher consequences:

• Prison sentences ranging from 16 months to 4 years, depending on factors such as weapon use or severity of injuries.
• Substantial fines, often up to $10,000.
• Probation terms, possibly including jail time.
  A felony conviction can count as a “strike” under California’s Three Strikes Law, impacting future sentences.

Additional consequences include loss of gun rights, difficulties finding employment due to criminal records, and potential professional licensing issues. Serious charges like felony sexual battery also require lifelong sex offender registration.

These penalties can significantly impact your life, but our attorneys diligently work to minimize or avoid them entirely through strategic negotiation and aggressive defense. We fight hard to protect your rights and future.

How Can You Defend Against Assault or Battery Charges?

An arrest does not equal a conviction. There are multiple legal defenses that can lead to reduced charges, case dismissal, or a not-guilty verdict – depending on the facts of your case.

Self-defense or defense of others is one of the most common and powerful strategies. If you reasonably believed you were in danger and used only the force necessary to protect yourself or someone else, that may justify your actions under California law.

False allegations and mistaken identity occur more often than people think. In heated or chaotic situations, witnesses may misidentify individuals, or alleged victims may accuse someone out of anger or spite. We investigate the details to uncover inconsistencies, motives, or missing evidence.

Lack of intent is another defense. Assault and battery both require intentional actions. If the incident was accidental – like bumping into someone or a gesture misinterpreted as threatening – it may not meet the legal threshold for conviction.

Inability to carry out the threat can defeat assault charges. If there was no realistic way you could have inflicted harm (e.g., being physically restrained or at too great a distance), that undermines the prosecution’s case.

Consent or mutual combat may apply when both parties willingly engage in a physical altercation. While this doesn’t excuse all conduct, it can reduce culpability or result in lesser charges.

Violations of your rights – such as unlawful searches, arrests without probable cause, or failure to read Miranda rights – can result in suppressed evidence or dismissal.

Even when factual defenses aren’t strong, we may negotiate for reduced charges like disturbing the peace (PC 415) or secure diversion programs for first-time offenders. Every case is different, and our team explores every legal angle to protect your freedom and reputation.

What Is the Legal Process for an Assault or Battery Case in Pasadena?

The criminal process in Pasadena moves quickly, and understanding what to expect can help you stay prepared and less overwhelmed.

After an arrest, your arraignment is typically the first court appearance. This takes place at the Pasadena Courthouse, where charges are formally presented and a plea is entered. Having legal representation at this stage allows us to argue for reduced bail or request release on your own recognizance (OR), which may help you avoid unnecessary jail time.

The pre-trial phase follows. This is where we obtain evidence like police reports, surveillance footage, or witness statements. We scrutinize everything provided by the Pasadena Police Department and the prosecution to identify weak points in their case.

Many assault and battery charges are resolved during pre-trial negotiations. Our attorneys engage directly with local prosecutors – either the Pasadena City Attorney or Los Angeles County District Attorney’s Office, depending on the severity of the charge – to push for dismissal, reduced charges, or diversion options.

If the case proceeds to trial, we’re prepared to defend you in front of a jury. Attorney Tony Tung’s courtroom experience and knowledge of local court customs allow us to craft persuasive, strategic defenses tailored to Pasadena’s legal environment.

Throughout this process, we keep you informed, explain your options, and ensure that your rights are protected at every stage. Early action makes a difference – let us guide you from the very beginning.

Why Choose Tony Tung and Tung & Associates to Defend Your Case?

Your choice of attorney can shape the outcome of your case. Pasadena assault and battery attorney Tony Tung brings years of experience, a deep understanding of local courts, and a compassionate approach to every client he represents.

Tony is bilingual in Chinese and committed to personalized, respectful legal support. Our team regularly defends clients at the Pasadena Courthouse and understands how local prosecutors handle these cases.

From your first call, we focus on protecting your rights, reducing your stress, and fighting for the best possible outcome.

We’re available 24/7 and offer free confidential consultations. Call (626) 416-4668 today to speak directly with our team and start building your defense.