Assault Defense · Los Angeles County
Los Angeles Assault Attorney
Wobbler Filing Decision Pending?
Prefile advocacy. Strike reduction. Real trial experience.
Daniel S. RubinAssault Defense Attorney
01 — Quick Facts
California Assault — At a Glance
02 — California Law
What California Considers Assault
California defines assault in PC §240 (opens in new tab) as an unlawful attempt, coupled with present ability, to commit a violent injury on another. You do not have to make contact — the swing is enough. Assault is a specific-intent crime with an objective "present ability" element the prosecution must prove.
The stakes rise sharply under PC §245 (opens in new tab) — assault with a deadly weapon or by means likely to produce great bodily injury. Filed as a felony, §245 is a strike under PC §667.5(c) and PC §1192.7(c), triggering the Three Strikes Law and lifetime firearm consequences.
03 — Penalties
Assault Penalties in California — What You Are Facing
| Offense | Classification | Custody | Fine | Strike? | Probation | Firearm Ban |
|---|---|---|---|---|---|---|
| Simple Assault | PC §240 · Misdemeanor | Up to 6 months county jail | Up to $1,000 | No | 1–3 years summary | No |
| ADW — Misdemeanor | PC §245 · Misdemeanor | Up to 1 year jail | Up to $10,000 | No | 3–5 years | 10-year state ban |
| ADW — Felony | PC §245 · Felony | 2, 3, or 4 years prison | Up to $10,000 | Yes (85% rule) | Rarely available | Lifetime |
| Assault on Peace Officer | PC §245(c) · Felony | 16 mo, 2, 3, or 4 yrs prison | Up to $10,000 | Yes | No | Lifetime |
| ADW w/ Firearm on Officer | PC §245(d) · Felony | 4, 6, or 8 yrs prison | Up to $10,000 | Yes | No | Lifetime |
| GBI Enhancement | PC §12022.7 | +3 to 6 yrs consecutive | — | Adds strike | No | Lifetime |
| Firearm Use | PC §12022.5 / §12022.53 | +3, 4, or 10 yrs (use); +10/20/25-to-life | — | Adds strike | No | Lifetime |
Enhancements stack consecutively on top of the base sentence. A felony ADW with GBI and personal firearm use can carry 20+ years even without prior strikes.
Additional Consequences Beyond the Courtroom
- Lifetime state and federal firearm ban on any felony conviction
- Immigration: aggravated felony consequences for non-citizens
- Strike prior — doubles the sentence on any future felony
- Professional-license discipline (nursing, contractor, security)
- Civil liability — the victim can sue for the same conduct
- 85% conduct-credit rule on violent felonies (PC §2933.1)
- Protective / stay-away orders lasting up to 10 years
- Ineligible for early parole review on strike sentences
04 — Defense Strategies
How We Fight Assault Charges
Self-Defense
Reasonable force to protect yourself or another.
- We reconstruct the timeline, 911 audio, and witness statements to establish who was the initial aggressor.
Lack of Present Ability
Assault requires the objective ability to complete the injury.
- Distance, physical restraint, or an unloaded weapon can defeat the element.
No Intent
Reflexive or accidental contact is not assault.
- We challenge the mental-state element head-on.
17(b) Reduction
Wobbler §245 charges can be reduced to misdemeanors at prelim or sentencing — eliminating the strike and restoring firearm eligibility.
Mistaken Identity
Cross-racial IDs, chaotic scenes, and body-cam gaps drive wrongful ID cases.
- We use identification experts where warranted.
Prefile Advocacy
Before charges are filed we present exculpatory evidence to the DA's filing deputy — often the difference between a case being filed and rejected.
05 — Types of Assault
Assault Charges We Defend
Simple Assault
Willful attempt to inflict violent injury. Misdemeanor — up to 6 months jail and a $1,000 fine.
Learn moreAssault with a Deadly Weapon
Wobbler. Strike if felony. 2, 3, or 4 years state prison; GBI enhancement adds 3–6 years.
Learn moreAssault by Means Likely to Produce GBI
Wobbler — hands, feet, or fists can qualify. Strike if felony and GBI is inflicted.
Learn moreAssault on a Peace Officer
Enhanced penalties when the victim is a police officer, firefighter, or emergency responder acting in the line of duty.
Learn moreAggravated Assault
Assault with a firearm — mandatory prison; gun enhancements under PC §12022.5 add 3–10 years.
Learn moreAssault Causing GBI
Great-bodily-injury enhancement adds a mandatory, consecutive 3–6 years to any felony assault.
Learn more06 — Court Process
How Assault Cases Move Through LA Courts
1
Arrest & Booking
Custody or citation release. Emergency protective orders often issue on the spot.
2
Prefile Intervention
Before the DA files, we present evidence to reject, reduce, or divert the case.
3
Arraignment
Formal charges read within 48 hours. Not-guilty plea entered; bail addressed.
4
Preliminary Hearing
Felony filter under PC §872. We cross the alleged victim under oath.
5
Motions Practice
Pitchess motions, PC §1538.5 suppression, PC §995 dismissal motions.
6
Plea Negotiation
§17(b) reduction, misdemeanor pleas, or diversion under PC §1001.95/§1001.36.
7
Jury Trial
12 jurors, unanimous verdict, proof beyond a reasonable doubt.
07 — Possible Outcomes
Possible Outcomes in a Assault Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- Prefile rejection when self-defense or lack of present ability is documented
- PC §1538.5 suppression of unlawful body-cam or witness identification
- DA rejection where the alleged victim recants or refuses to cooperate
Reduced to Misdemeanor / Simple Assault
- Felony §245 reduced to misdemeanor §240 via PC §17(b)
- Strike stipulation removed at preliminary hearing
- GBI and firearm enhancements stricken in the interest of justice
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Probation instead of state prison on wobbler filings
- Anger-management or batterer's classes in lieu of jail
- Cal-Trans, work release, or house arrest as jail alternatives
Diversion & Deferred Entry
- Mental-health diversion under PC §1001.36 — case dismissed on completion
- Military diversion under PC §1001.80 for eligible veterans
- Judicial diversion under PC §1001.95 for misdemeanor filings
08 — Collateral Consequences
Beyond Jail and Prison
- 10-year firearm ban on misdemeanor §245; lifetime ban on any felony
- Immigration: aggravated felony consequences on felony assault with GBI
- Professional license discipline (nursing, contracting, real estate, law)
- Custody presumptions under Family Code §3044
- Employment background check disclosure for 7+ years
- Public housing and Section 8 ineligibility
- Restraining orders lasting up to 10 years
- Loss of concealed-carry permit and hunting-license eligibility
09 — FAQs
Assault Questions — Los Angeles
What is the difference between assault and battery?
Assault (PC §240) is the attempt to use force; battery (PC §242) is the actual willful, unlawful touching. You can be charged with assault without any contact — the swing itself is the crime. Battery requires contact. Most DAs charge both in the alternative when injury is alleged.
Is assault a strike in California?
Simple assault under PC §240 is a misdemeanor and not a strike. Assault with a deadly weapon (PC §245(a)(1)) and assault by means of force likely to produce great bodily injury (PC §245(a)(4)) are strikes when filed as felonies. Whether §245 is filed as a felony or misdemeanor drives the strike consequence and is often negotiable.
Can assault charges be dropped?
Yes. Assault cases resolve through DA rejection, dismissal at prelim, PC §17(b) reduction, or negotiated pleas to non-assault charges. Even when the alleged victim recants or does not want to prosecute, the DA — not the victim — decides whether charges continue. Effective prefile intervention is the highest-leverage moment in a case.
What is a wobbler under PC §245?
A wobbler is an offense the prosecutor can file either as a misdemeanor or a felony. PC §245(a)(1) and §245(a)(4) are wobblers. Filing as a misdemeanor caps exposure at 1 year and avoids strike status; filing as a felony triggers prison, strike, and lifetime firearm ban. §17(b) motions can reduce a wobbler at prelim or sentencing.
Do I need a lawyer for a first-time assault charge?
Yes. Even a misdemeanor assault conviction carries a criminal record, immigration risk, firearm restrictions, and employment consequences. A felony assault conviction is potentially permanent and life-altering. The most consequential decisions — prefile advocacy, wobbler filing, and §17(b) reduction — depend on having counsel involved early.
How long does an assault stay on my record?
A conviction remains on your criminal record indefinitely unless you pursue post-conviction relief. Misdemeanor and probation-eligible felony convictions are typically expungement-eligible under PC §1203.4 after successful probation. Expungement does not eliminate the firearm consequences of a felony conviction — a Certificate of Rehabilitation or Governor's Pardon may be required.
What if the alleged victim does not want to press charges?
In California the People — not the victim — press charges. The DA can proceed even over the victim's objection using 911 audio, body-worn camera footage, and excited-utterance statements. That said, victim recantation and refusal to cooperate materially weakens the prosecution and often produces reductions or dismissals with effective defense advocacy.
Can an assault charge be reduced to a misdemeanor after a felony filing?
Yes. §17(b) reductions are available at three points: at preliminary hearing (declaring the case a misdemeanor), at sentencing (imposing a misdemeanor sentence), and post-conviction (retroactively reducing an eligible felony wobbler). Each requires strategy — the reduction is not automatic and turns on facts, priors, and mitigation.
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