Orange County Assault & Battery Attorney

Defending Clients in Irvine, Santa Ana, & Tustin

If you are facing assault or battery charges, don't wait to hire a defense attorney. Local law enforcement and prosecutors treat your case seriously, and the Orange County District Attorney’s Office has a dedicated unit for prosecuting violent crimes, including aggravated assault. 

Understanding the procedures and expectations of both the Irvine Police Department and Orange County courts is critical for a strong defense. When you work with a defense lawyer who understands the region and its legal landscape, you can make informed choices for your future and reputation.

With decades of experience in criminal law and a 10.0 Superb Avvo Rating, Attorney Kim is ready to help you seek a positive outcome. 

Contact Law Offices of Christian Kim online or at (714) 576-2935 for a free and confidential consultation. 

What Is the Difference Between Assault & Battery in California?

Assault is defined as an unlawful attempt by someone with present ability to inflict violent injury on another person. For example, simple assault can occur if a person swings a fist at someone during a bar fight and misses. The punch doesn’t need to connect as long as there was a real chance it could have landed.

Assault occurs when someone willfully and unlawfully threatens another person with force or violence. Threatening physical harm is enough for criminal charges—physical contact does not need to happen.

Penal Code 242 PC defines battery as willfully using force or violence against another person. Causing an injury is not required for a battery conviction, but physical contact must occur. Offensive touching, such as spitting on someone’s face, can also be considered battery.

California Assault & Battery Penalties 

Simple battery is a misdemeanor and may result in up to 6 months in county jail or a fine of up to $2,000. In many situations, a criminal complaint charges both assault (sometimes called attempted battery) and battery (or completed assault). If the battery involves certain protected individuals, the maximum punishment increases to one year in jail if charged as a misdemeanor.

Simple assault is a misdemeanor with penalties of up to 6 months in jail or a $1,000 fine. If the alleged assault targets certain people, such as police officers or custodial officers, additional penalties may apply, and the charge can become a felony.

An aggravated assault may be charged as a:

• Misdemeanor, punishable by up to one year in jail.
• Felony, punishable by imprisonment in state prison. The prison term depends on factors such as the kind of weapon used or the seriousness of the injury.

Penalties for assault, battery, and aggravated assault convictions often go beyond jail time and fines. Orange County residents with a conviction on their record may have trouble finding employment, securing state licenses, or passing background checks. Some convictions, especially for Irvine’s international students and professionals, can carry immigration consequences. Local courts review aggravating and mitigating factors, such as prior offenses and whether someone was injured, when determining sentencing.

How the Criminal Process Works for Assault & Battery Charges

If law enforcement accuses you of assault or battery in Irvine, your case usually begins with an arrest and processing at the local jail or police station. The Irvine Police Department investigates by interviewing witnesses and collecting physical evidence before referring charges to prosecutors. The District Attorney’s Office then reviews the police report and determines whether to pursue misdemeanor or felony charges in the Orange County courts.

Your arraignment is the next step. At arraignment, a judge informs you of your rights, addresses bail, and sets future court dates. In many local cases, negotiations between your defense attorney and prosecution resolve charges before trial. A lawyer who understands local practices—including the tendencies of area prosecutors and judges—can present mitigating information and advocate for reductions or dismissals. At every stage, timely action and clear communication with your counsel help you navigate hearing dates, court expectations, and pretrial issues in the Orange County system.

Potential Collateral Consequences of an Assault or Battery Conviction 

A conviction for assault, battery, or aggravated assault in Orange County can create challenges that last long after any court-imposed penalties. Beyond fines and jail time, a conviction may result in consequences such as job loss, suspension of professional licenses, and/or denial of future opportunities. Employers in the Irvine area often run background checks, and a violent offense on your record can limit hiring potential for certain careers. For students at UC Irvine or other local colleges, criminal charges can threaten scholarships or participation in campus activities.

The immigration consequences of a violent crime conviction are also serious for non-citizens living in or around Irvine. Assault or battery charges can result in removal proceedings or make it harder to qualify for visas and green cards. If you hold a professional or occupational license in California, agencies may suspend or revoke your license depending on the circumstances of the offense. When you face charges in Orange County courts, working with a defense attorney who values honest communication and knows the local landscape helps you plan for and address these collateral risks from the outset.