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Los Angeles Assault Defense Attorney

Facing Assault Charges in Los Angeles? Get Legal Help Throughout the Process

If you or a loved one has been accused of assault in Southern California and are looking for a lawyer, you need compassionate and experienced help. As a Los Angeles criminal assault law firm, the accomplished attorneys at Stein & Markus can provide that help. We have a combined 75 years of experience handling criminal matters. Not only do our attorneys have criminal defense experience, but we also have experience in prosecuting crimes. We understand all sides of these types of issues and have the skills to get you the best possible option. 

Learn about how our Los Angeles assault attorney can help you. Call (562) 512-7030 or contact us online today!

The Role of an Assault Attorney in Los Angeles

Any licensed attorney in California is permitted to handle criminal matters. However, it is important to look at what a Los Angeles assault attorney's experience entails to determine the best fit for you and your particular situation.

The skilled attorneys at the Law Office of Stein & Markus manage a wide range of battery cases, including:

When you’re looking for an experienced criminal defense lawyer, it is often beneficial to select someone with a background in both prosecution and defense. By retaining an assault attorney in Los Angeles who has prosecuted cases, you ensure your defense incorporates a thorough understanding of how prosecutors assess evidence and strategize. This dual experience enables your attorney to find the most effective angles and challenges to bring forth in your particular assault case.

In every case, you deserve to feel confident and secure in your choice of attorney. Alleged assault defendants face potential criminal charges and related civil liability, including personal injury claims. Our assault lawyers in Los Angeles offer comprehensive support, equipped to manage all facets of these parallel proceedings and guide you through even the most complex scenarios in Southern California courts.

Understanding Assault Laws in California

In California, the crime of assault is legally defined as an unlawful attempt to commit a violent injury on the person of another. It's important to understand that in California, an assault is an attempted battery. The key element is the attempt, and the crime is complete even if no physical contact is made with the alleged victim. The law is found in California Penal Code § 240 and § 245.

To secure a conviction for assault, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • Unlawful Attempt: The state must prove that you took an unlawful act that, by its nature, would likely result in the use of force against another person. The attempt is the key element, and the crime is complete even if no physical contact is made.
  • Present Ability: The state must prove that you had the "present ability" to commit a violent injury. This means that you had the physical means to carry out the assault.
  • Criminal Intent: The state must prove that you acted with the necessary criminal intent to commit the assault. This is a crucial distinction from an accident or a misunderstanding.

The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and circumstantial evidence. As a seasoned Los Angeles assault lawyer, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Possible Sentences of an Assault Offense in Los Angeles

In California, assault is a serious criminal offense. While simple assault is a misdemeanor, the charge can be elevated to a felony under specific circumstances. The penalties increase significantly with the severity of the charge.

  • Simple Assault (Penal Code § 240): This is a misdemeanor. The penalties can include a fine of up to $1,000, a jail term of up to six months, and a period of probation.
  • Aggravated Assault (Penal Code § 245): This is a more serious offense. An assault becomes "aggravated" if it is committed with a deadly weapon or by means of force likely to produce great bodily injury. This is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony.
    • Felony Aggravated Assault: A felony conviction can result in a state prison sentence of up to four years. If a deadly weapon other than a firearm is used, the penalties are enhanced.
    • Misdemeanor Aggravated Assault: A misdemeanor conviction can result in a jail sentence of up to one year and a fine of up to $1,000.
  • Assault with a Deadly Weapon (Penal Code § 245): This is a specific type of aggravated assault that is considered a "wobbler" offense. A felony conviction can result in a prison sentence of two, three, or four years.
  • Assault on a Peace Officer (Penal Code § 241): An assault on a peace officer is a more serious misdemeanor with enhanced penalties, including a fine of up to $2,000 and a jail term of up to one year.

A knowledgeable assault attorney in Los Angeles will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Sentencing Guidelines, Enhancements & Local Trends

Not only is the defendant’s record considered, but repeat offenses or patterns of violence can shape a judge’s decision to impose additional penalties. Prosecutors may recommend enhancements for gang affiliation, dangerous weapons, or repeated offenses against the same victim. While some enhancements are still actively pursued in Los Angeles, recent directives from the District Attorney’s Office have changed how others are applied. Your assault lawyer in Los Angeles will explain which enhancements may apply and what sentencing alternatives could be available to you under current local trends.

Defendants ordered to probation often face additional court costs, restitution, anger management, or mental health requirements. Failing to comply with any court-ordered program can result in probation or parole violations, sometimes leading to jail time. Whether facing a misdemeanor or felony, a qualified assault attorney in Los Angeles will pursue every available option—negotiating for lower charges, alternative programs, or tailored sentencing plans—to limit long-term consequences and disruptions to your life.

Contact our Los Angeles assault lawyer by calling (562) 512-7030 today!

What to Do If You’re a Victim of Assault

If you or a loved one has been the victim of assault, you may be eligible to file a personal injury claim against the perpetrator. These personal injury cases are fact-specific and often hinge on establishing liability and damages. Most personal injury claims after an assault are handled on a contingency basis, ensuring you only pay legal fees if there is a successful recovery. 

Our assault attorneys in Los Angeles can evaluate your circumstances and help chart the best course forward if you are a victim seeking justice and fair compensation.

In some cases, if a duty of care is established between the victim and the facility or property where the assault occurred, there may be an additional avenue for recovery beyond claims against the perpetrator. Our legal team can help you pursue all available remedies, maximizing your opportunities for compensation in the Los Angeles legal system.

Pain and suffering damages, as well as punitive damages where allowed, can provide further compensation for victims. Because each case is different, we tailor our advice and strategies to the specific circumstances surrounding your Los Angeles assault claim.

Essential Skills for a Los Angeles Assault Defense Attorney

Different types of assault cases in Los Angeles require specific legal strategies and a sophisticated understanding of California’s rules of evidence. For example, attorney knowledge of evidentiary privileges, such as the spousal privilege in domestic assault trials, often shapes the admissibility of key testimony. Selecting an assault lawyer in Los Angeles who is well-versed in these nuances ensures proper protection of your rights and the strongest advocacy possible in your case.

Sometimes, civil and criminal law intersect in ways unique to Los Angeles. For example, a single incident involving alleged assault against a spouse may trigger both criminal proceedings and a civil dispute. Under California law, domestic violence is defined as any form of violence against an intimate partner. 

This can include any of the following:

  • Spouse
  • Domestic partner
  • Fiancé(e)
  • Cohabitant
  • Someone with whom the accused shares a child
  • Someone the accused is dating or has previously dated
  • Children of the accused
  • Siblings of the accused
  • Grandparents of the accused
  • Other relatives of the accused

Our assault attorneys in Los Angeles have years of experience with cases involving domestic violence, sexual assault, personal injury, elder abuse, child abuse, kidnapping, and a range of related offenses. With our team’s prosecutorial insight and reputation for complex trial work, we develop tailored defenses for every scenario.

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Potential Defenses to Assault  Charges in Los Angeles

Defenses for assault and battery charges are case-specific and depend on the nature of the incident, available evidence, and witness credibility. An assault lawyer in Los Angeles will thoroughly assess your case to identify the strongest legal strategies and challenge the prosecution’s narrative. Every aspect of the case, from location details to the credibility of witnesses and the presence of any video evidence from popular LA locations, can impact the choice of defense.

Frequently, Los Angeles assault attorneys consult forensic professionals, review police reports for inconsistencies, and track down surveillance footage from venues or public transit areas. We also examine prior statements given to law enforcement and identify local context, such as proximity to busy LA streets or nightspots, which can be relevant to a defense. A well-rounded defense strategy anticipates the prosecution’s approach and uses all available tools to uncover weaknesses in their case.

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Los Angeles assault lawyer, we will leverage every possible defense, including:

  • Self-Defense or Defense of Others: We can argue that you were not the aggressor and that your actions were a reasonable response to the threat of physical harm from the alleged victim. California law recognizes the right to use reasonable force in self-defense.
  • Lack of Intent or Mens Rea: We can argue that you lacked the necessary mental state to commit the crime. For example, if the act was an accident or a misunderstanding, it may not meet the legal definition of the charged offense.
  • Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
  • Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
  • Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

The Law Office of Stein & Markus Can Help

No matter how the alleged assault took place, it is common to feel anxious or overwhelmed by the criminal justice process. The Law Office of Stein & Markus has the vital local experience and understanding of Los Angeles courts necessary to defend your rights effectively. We guide you through criminal proceedings, advocate on your behalf, and also work with victims seeking justice through civil claims. Our attorneys are ready to consult on your Los Angeles assault case and offer clear guidance every step of the way.

The Costs of Hiring an Assault Lawyer in California

The cost of hiring an assault attorney in Los Angeles varies based on the specifics of your case, the attorney's experience, and the complexity of the allegations. More complicated cases, such as those involving aggravated assault or a greater need for resources, often require a larger investment. We prioritize transparency in our fee structure so you understand what to expect during every phase of your defense.

During your consultation, our attorneys will explain how factors like the Los Angeles courthouse or the need for expert witnesses and private investigators can affect the overall costs. Our priority is to provide clear, upfront guidance on all projected expenses, so you can make an informed decision and select a legal professional who is the best fit for your unique circumstances in Los Angeles County.

Early Intervention From a Criminal Defense Attorney

It is crucial to find and retain a criminal defense attorney as soon as possible if you are being investigated for or charged with assault in Los Angeles. Even if charges have not yet been filed, contacting an assault attorney in Los Angeles early ensures evidence is preserved, witnesses are identified, and your rights are fully protected. Early intervention can often influence the direction and severity of charges brought by the LAPD or district attorneys.

Prompt legal representation is particularly important in Los Angeles, where witnesses can be difficult to locate and surveillance footage from local businesses or metro systems is often deleted quickly. Waiting too long increases the risk that critical evidence will be lost or forgotten, and it may impact your ability to secure favorable bail or suppress damaging statements collected by law enforcement. An assault lawyer in Los Angeles can intervene with the District Attorney's Office, preserve evidence, and help you avoid missteps in police interviews or court interactions. Preserving memories, physical evidence, and witness testimony immediately after the incident is essential in building a strong defense.

Free Attorney Consultation for Los Angeles Assault Cases

If you are under investigation or have been charged with any assault or federal crime in California, The Law Office of Stein & Markus in Bellflower is ready to meet with you, explain your legal rights, and begin building a comprehensive defense strategy as your assault attorney Los Angeles resource. 

Arrange a free initial consultation by calling (562) 512-7030 or contact us online today.

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