
Santa Rosa Assault & Battery Attorneys
Protecting Clients in Santa Rosa, San Rafael, Lakeport, & Ukiah
Criminal charges can be extremely stressful, but with the right representation, you can feel confident that your rights are being protected. At Wilber Law Offices, P.C., we have the knowledge and experience to help you navigate the legal process and fight the charges against you.
Our criminal defense lawyers have over 45 years of combined legal experience and a track record of success. We are committed to providing each and every one of our clients with the personalized legal services they deserve. Our assault and battery defense lawyers in Santa Rosa are available to answer your questions and address your concerns throughout the legal process.
Get in touch with us today at (707) 986-4482 or contact us online to schedule a consultation with one of our Santa Rosa assault and battery defense attorneys. We also serve clients in San Rafael, Lakeport, and Ukiah.
What Is Assault in California?
According to California Penal Code Section 240, assault is defined as:
- An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
It is important to note that assault is a crime of intent, meaning that you can be charged with assault even if you do not actually injure the other person. The only requirement is that you have the present ability to commit a violent injury on the person of another and you take some action to try to do so.
For example, if you make a threatening gesture toward another person and you have the ability to follow through with the threat, you can be charged with assault, even if you do not cause any physical harm.
Assault is typically a misdemeanor in California, but it can be charged as a felony if the alleged victim is a peace officer, firefighter, or other protected professional, or if the assault is committed with a deadly weapon.
Simple vs Aggravated Assault in CA
In California, assault charges are categorized into simple assault and aggravated assault, each carrying different penalties depending on the severity of the offense.
- Simple Assault occurs when a person attempts to cause physical harm to another but does not use a deadly weapon or inflict serious injury. Even if no physical injury occurs, the attempt to cause harm is sufficient for a charge. Simple assault is typically a misdemeanor, carrying up to six months in jail and fines up to $1,000.
- Aggravated Assault involves more serious circumstances, such as using a deadly weapon (e.g., a gun or knife) or causing significant bodily injury.It can also involve assaults on protected individuals, such as law enforcement officers. Aggravated assault is usually charged as a felony, with harsher penalties, including prison time, higher fines, and a permanent criminal record. Depending on the specifics of the case, aggravated assault may also result in a strike under California’s “Three Strikes” law.
Both types of assault are serious, but the consequences of aggravated assault are far more severe, making it crucial to consult a qualified defense attorney if facing either charge.
Navigating the Legal Process: What to Expect
Facing an assault or battery charge can be a daunting experience, filled with uncertainty and anxiety. At Wilber Law Offices, P.C., we believe in empowering our clients by providing clarity and guidance throughout the legal journey. Understanding the steps involved can significantly ease your worries and help you make informed decisions.
Here's what you can typically expect when working with us:
- Initial Consultation: We begin with a comprehensive evaluation of your case, where we listen to your side of the story and gather crucial details.
- Case Analysis: Our skilled attorneys will analyze the facts, evidence, and potential defenses that apply to your situation.
- Legal Strategy Development: We will craft a tailored defense strategy aimed at achieving the best possible outcome for your case.
- Negotiation and Settlement: When appropriate, we will negotiate with prosecutors to secure a fair settlement, avoiding the stresses of a trial.
- Trial Preparation: If your case goes to trial, we will diligently prepare your case and represent you vigorously in court.
We strive to be your trusted advocate, providing support every step of the way. At Wilber Law Offices, we understand that each case is unique and we are committed to offering personalized attention to meet your specific needs. Let us help you navigate this challenging time with confidence.

Our Settlements & Verdicts
-
Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
-
Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
-
Case Dismissed Client Accused Of Possessing Marijuana
-
Not Guilty Client Charged With Assault Charges And Gang Enhancements
-
Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
-
Case Dismissed Client Charged With Domestic Violence
-
Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
-
Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
-
Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
-
Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
-
Case Dismissed Client Charged With Possession
-
Case Dismissed Client Charged With Theft And Elder Fraud
Penalties for Assault & Battery in California
Assault and battery are serious criminal offenses in California. If you are convicted, you will be left with a permanent criminal record, which can make it difficult to find employment, secure housing, or obtain professional licenses. You will also be required to serve a term of probation and pay various fines and fees.
Some of the most common penalties for assault and battery in California include:
- Up to 6 months in county jail for a misdemeanor
- Up to 1 year in county jail for a felony
- Up to 4 years in state prison for a felony with a deadly weapon
- Up to 4 years in state prison for a felony on a peace officer, firefighter, or other protected professional
- Up to 4 years in state prison for a felony with serious bodily injury
- Up to $2,000 in fines for a misdemeanor
- Up to $10,000 in fines for a felony
In addition to the penalties listed above, a conviction for assault and/or battery can also result in the loss of certain rights and privileges, such as your right to own or possess firearms.
