Serving Sacramento County and Beyond Assault Lawyer

We represent good people who find themselves, on occasion, on the wrong side of the law. We have extensive trial experience and are proven litigators. We have handled every type of criminal case from A to Z.

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Step 1: The Arrest

Don’t let the police take advantage of you while you’re in custody. Call Walsh Law right away, and we’ll get to work protecting your rights so you don’t inadvertently self-incriminate.
Step 2: The Arraignment

Walsh Law is an aggressive Folsom criminal defense firm that can argue for reasonable bail and help you await the end of your case from the comfort of your home.
Step 3: Pre-Trial Hearings

We’ll evaluate the prosecution’s case, challenge weak evidence and inconsistencies, and do our due diligence to get the charges against you reduced or dropped.

Nevada County Assault & Battery Defense Attorney

Assault and Battery Charges in Nevada County

Many people refer to assault and battery as one offense. While they are similar and may be charged together, there are differences in these crimes that determine the penalties that you may face.

When reviewing these charges, you should also understand the difference between misdemeanors, felonies, and wobblers. Misdemeanors are a lesser crime commonly used for nonviolent and first-time offenders. Felonies are the most serious type of crime. Wobblers, on the other hand, are offenses that fall in between. The prosecutor can decide whether they charge wobblers as misdemeanors or felonies, depending on the facts of the case. Your assault and battery attorney can help you understand the charges against you.

Call Walsh Law at (916) 610-3558 to schedule a free initial consultation as soon as possible and get our legal team working on your case.

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Values You Can Relate To

Our Client Testimonials

“I have permanently added him to my contacts for any future needs. THANK YOU CHRIS!!”
“I am always able to get ahold of him directly either by cell or text including after hours and if for some reason he isn’t immediately available, he responds as soon as he can.”

- Melissa C.
“Mr Walsh is the very best!!”
“He was compassionate and explained to me what to expect in an easy way for me to understand. He was straightforward and delivered on what he said he could do for me!”

- Claudia H.
“I would like to thank Chris for helping me achieve a better deal.”
“I was in a bit of a situation and public defenders weren’t doing anything to help my case as if they didn’t have time. Which they don’t, but Chris Walsh did and came up with a few methods to fight my case.”

- Dewan P.

Simple Assault Charges

In California, simple assault, as defined by California Penal Code Section 240 PC, is the unlawful attempt, with the present ability, to commit a violent injury to another person. This means that even if you don’t actually touch or harm the other person, you can be charged with assault. Simple assault is typically a misdemeanor offense.

Simple Battery Charges

In California, simple battery, defined by California Penal Code Section 242 PC, involves any unlawful and willful use of force or violence against another person. It differs from assault in that battery requires actual physical contact, while assault is just the attempt or threat of harm.

Without aggravating factors, battery is a misdemeanor. However, if the violence was against a public service worker, healthcare provider, or an elderly or disabled adult, then the penalties can be more severe.

Felony Assault Charges

In California, felony assault encompasses various situations where an assault charge carries more severe penalties than a simple misdemeanor. A felony charge for assault may include:

Assault with a deadly weapon (ADW) (California Penal Code Section 245(a)(1) PC)
Serious bodily injury (California Penal Code Section 243(d) PC)
Aggravating circumstances (assault on police officers, domestic partners, elderly individuals, or transit employees) (California Penal Code Section 241, 243, 245 PC)
Hate crimes motivated by race, religion, sexual orientation, or other protected characteristics (California Penal Code Section 422.7 PC)

It’s best to work with a felony assault lawyer who understands the Nevada County legal process and can help you navigate the system. Otherwise, you may face the harshest penalties for these crimes.

Penalties for Assault and Battery in Nevada County

Penalties for assault and battery can range widely depending on the facts of the case, your criminal record, and other variables.

Simple Assault and Battery

Although they are lesser offenses, a conviction for misdemeanor assault and battery can result in significant penalties.

A simple assault can result in the following penalties:

Incarceration in county jail for up to six months
Fines of up to $1,000
Probation with community service or counseling

A simple battery can result in the following penalties:

Incarceration in county jail for up to six months
Fines of up to $2,000
Probation with community service or counseling

Wobbler Assault and Battery

Wobbler offenses may be charged as misdemeanors or felonies. They typically have more serious penalties, which may include:

Incarceration of up to one year in county jail
Fines of up to $2,000
Probation between one and three years

You can fight the charges against you with the help of a Nevada County assault defense lawyer.

Hiring a Nevada County assault and battery defense lawyer can be crucial in navigating the legal complexities and potential consequences of your charges. There is often conflicting evidence and inconsistent stories. An assault charge attorney can determine exactly what happened and work to get your case dismissed or negotiate the lowest penalties possible.

Defense attorney Chris Walsh handles assault charges in California and resolves them to his clients’ satisfaction. He has the courtroom experience and understanding of California assault laws that allow him to negotiate with the prosecution and get the best outcome possible.

Walsh Law will honestly communicate with you about your assault and battery case to explain your charges and potential consequences. Then, we will do whatever is possible to reach a desirable conclusion.

Defending Against Assault and Battery Charges in Nevada County

Every assault and battery case needs a unique strategy to defend against the prosecution’s allegations. The lawyers for assault and battery at Walsh Law will develop a creative defense and aggressively fight for your rights to get a positive outcome.

We may use some of the following defenses in your case:

Self-defense: If you have reasonable belief of imminent harm, then you are legally permitted to use reasonable and proportional force against a threat to yourself, your family, or others.
Defense of property: In California, you are permitted to use force to protect your property or belongings.
Lack of intent: If you did not intend to harm the alleged victim, then you can assert that the incident was a mistake or accident.
Consent: If the alleged victim consented to the contact, then you should not be convicted of assault or battery.

Can an alleged victim drop charges?

The prosecution, who represents the state of California, is responsible for pressing and continuing with charges against you. However, an alleged victim can refuse to cooperate. If the alleged victim does not testify against you, the prosecution may not have enough evidence to go forward with a case and they may dismiss your charges.

Do I need a lawyer for a simple assault misdemeanor charge?

Although a simple assault misdemeanor charge is typically the lowest level of assault offenses, it can still result in jail time and other serious penalties. It is best to work with a simple assault lawyer who understands the consequences you are facing and can protect your rights.

What should I do if I am arrested for assault and battery?

If you are arrested, remain calm and do not speak with the police beyond confirming your identity and stating that you want to remain silent. Request an attorney right away. Cooperate with the police but do not answer their questions. They will use any statements you make against you.

Violent offenses like assault and battery are taken seriously by Nevada County prosecutors. They often seek harsh penalties, even for first-time offenders. California assault and battery attorney Chris Walsh knows how to negotiate with prosecutors and fight back against their allegations. He used to be a prosecutor, and now he uses his knowledge to defend people who have been accused.

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Meet Our Team

We know it’s easy to get swept up with emotions and confusion in the aftermath of being charged with a crime. That’s why our Folsom criminal defense attorneys aim to shoulder as much of the burden as we can, providing reassurance plus honest insight and advice where you need it.

Learn More About Us

Why Walsh Law?

Walsh Law’s mission is to be the gold standard of criminal defense by providing superior legal advocacy in the face of potentially life-changing consequences.

Chris Walsh is a former prosecutor, so we know what you’re up against when you face criminal charges. Now, clients like you get to benefit from what we’ve learned in our careers and how we apply what we know to get the results you’re after.

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