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San Diego Assault & Battery Lawyers


Work with a Board Certified Criminal Law Specialist

After being charged with assault and battery, it is essential to take the most aggressive route toward protecting your rights and freedom. At jD LAW, P.C., our San Diego criminal defense lawyer has more than 30 years of experience assisting clients who need quality representation.

Do not hesitate to contact us today at (760) 630-2000!

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What Does the Actual Law Say About Assault & Battery?

While the terms "assault" and "battery" are frequently used together, they are actually two separate charges in the state of California and have different meanings.

What is the difference between assault and battery?

  • Assault is covered under §§ 240 to 248 in the California Penal Code. Under § 240, assault is defined as the unlawful attempt, coupled with the present ability to commit violent injury against another person. A person can be charged with assault when they have attempted to harm another, even if actual physical contact did not take place.
  • Battery is covered under § 243 of the California Penal Code. Under this section, battery is defined as the willful and unlawful use of force or violence against another individual. The difference between assault and battery is that assault involves the "attempt" to injure someone, whereas battery involves making actual physical contact.

So, if you attempt to punch someone and miss, you could be facing assault charges, but if you actually punch someone you face battery charges under California law. The offense of battery involves up to $2,000 in fines or imprisonment in the county jail for up to 6 months, or both.

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Penalties You Are Facing for Assault

Under the law, simple assault is punishable by:

  • Up to 6 months in county jail
  • A maximum fine of $1,000
  • No more than 6 months of probation
  • Community service

In cases were the assault was committed against a certain individual (an elderly person or a peace officer), the penalties may be increased. If a person is convicted of a second, third, or subsequent offense, they may also face more severe consequences for the assault offense.

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Penalties You Are Facing for Battery

Under the law, battery is punishable by:

  • Up to $2,000 in fines
  • Imprisonment in county jail for no more than 6 months
  • Potential probation and community service
  • A jail sentence of up to one year when against a peace officer

If a person caused severe bodily injury to another, the charges may be elevated to a felony level. This would result in harsh penalties and sentencing. Having a prior offense on your record can also give the judge the ability to enhance the penalties you face.


Have you been accused of assault and battery in San Diego? Contact us today to find learn about all of your possible defense options and how we may be able to help your case!


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Get the Defense You Need in San Diego, CA

Criminal Attorney James N. Dicks is qualified to defend your San Diego or Vista assault and battery case. Knowing California state and federal laws and standard court proceedings has proven invaluable for Attorney Dicks in his representation of his clients. By proving that your charge was in fact self-defense, was an accident, or was provoked, Attorney James N. Dicks may be able to help you receive alternative or reduced sentencing or get your charges dropped entirely.

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Sample of Case Results

  • Battery Upon Another -
    Charge Dismissed
  • Battery Charge -
    Charge Dismissed
  • Domestic Violence -
    Charge Reduced

View more case results here.


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(760) 630-2000

James N. Dicks

About James N. Dicks

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Time is of the essence when your future is in jeopardy.
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A note from James N. Dicks:

Although COVID-19 has caused great uncertainty, we want to assure that our firm is operating remotely to accommodate all current, past, and future clients in need of any of our services. The best way to communicate with us is by telephone (760) 630-2000 or email info@jdlaw.law.

Currently San Diego Superior Courts are closed but are set to reopen on Friday May 1st, 2020 barring any
future orders.

Do not hesitate to contact us with any questions. Sending our thoughts and best wishes to you and your family. Please follow us on Facebook for any future updates.


Aunque COVID-19 ha causado una gran incertidumbre, queremos asegurarles que nuestra oficina esta operando de forma remota para todos los clientes actuales, pasados y futuros que necesiten alguno de nuestros servicios. La mejor manera de comunicarse con nosotros es por teléfono (760) 630-2000 o por correo electrónico a info@jdlaw.law.

Los Tribunales Superiores de San Diego están cerrados, pero están programados para reabrir el viernes 1 de mayo de 2020, salvo una nueva orden.

No dude en contactarnos si tiene alguna pregunta. Estamos enviando nuestros pensamientos y mejores deseos para usted y su familia. Síganos en Facebook para seguir siendo informado de novedades nuevas.


James N. Dicks
jD LAW, P.C.

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COVID-19 Announcement

Although COVID-19 has caused great uncertainty, we want to assure that our firm is operating remotely to accommodate all current, past, and future clients in need of any of our services. The best way to communicate with us is by telephone (760) 630-2000 or email info@jdlaw.law. Do not hesitate to contact us with any questions. Sending our thoughts and best wishes to you and your family.


Aunque COVID-19 ha causado una gran incertidumbre, queremos asegurarles que nuestra oficina esta operando de forma remota para todos los clientes actuales, pasados y futuros que necesiten alguno de nuestros servicios. La mejor manera de comunicarse con nosotros es por teléfono (760) 630-2000 o por correo electrónico a info@jdlaw.law. No dude en contactarnos si tiene alguna pregunta. Estamos enviando nuestros pensamientos y mejores deseos para usted y su familia.

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