Dublin, CA Assault Attorneys

What Is The Difference Between “Assault” And “Assault And Battery” in California?

“Assault” and “assault and battery” are two distinct charges in the state of California. The difference is:

  • Assault - is the threat or unlawful act that creates an imminent apprehension of harm or the threat of it. The mere threat of being able to do harm can result in assault charges. The state of California considers assault a misdemeanor.
  • Battery - (or assault and battery) involves causing real physical harm to somebody. A person can be charged with assault and battery only if they have committed a physical assault on someone. The state of California might consider assault and battery a “wobbler,” meaning it can be a misdemeanor or felony, depending upon the circumstances.

These charges can be confusing, and building a possible defense needs the help of an experienced assault attorney to take in all the facts, context and information. 

Your assault or assault and battery charges could be dismissed if we are able to prove that you:

  • Were incapable of doing harm to the other person
  • Acted in self-defense or the defense of someone else
  • Did not act of your own will or with the required intent
  • Were wrongfully accused

The tough reality about assault and most other violent crime charges is that you could be facing extended jail time and other stiff penalties if you are convicted. These cases are particularly sensitive in nature. They involve extensive work to paint the proper picture of what happened, and even then, you must take everything into the proper context. If charged with a violent crime, you should work with a criminal defense lawyer who can help tell your side of the story. You need a legal defense that relies on facts and evidence to see that you are treated fairly in court.

Email or call our office at (510) 757-1878 to schedule your free initial consultation to discuss your case. We are based in Pleasanton, and handle assault and violent crime cases for clients throughout Fremont, Hayward, Oakland, and the Bay Area.

What Are The Types of Assault Charges?

If you are facing assault charges, you need knowledgeable physical assault lawyers who are aware of what to look for in assault and battery cases. At Thompson • Garcia Law, our attorneys are experienced with general assault and battery crimes, juvenile offenses involving assault charges and murder cases. We also handle gang violence situations that have involved shooting, assaults and murder. We have worked a large number of state and federal assault crime cases that involve drug activity as well. We can make a strong case in court and get the best possible results for you.

Thompson • Garcia Law is exclusively devoted to criminal defense matters, and we handle many different types of violent crimes, including:

  • Assault, aggravated assault and assault with a deadly weapon
  • General assault and battery crimes
  • Juvenile offenses involving assault charges
  • Domestic violence allegations against children, parents, spouses or the elderly
  • Gang activities such as robberies, vandalism, violence, shootings and drugs
  • Attempted murder and murder

We also handle many cases involving domestic violence commonly intertwined with divorce cases, especially if there are child custody disputes. These cases are complicated. False accusations or exaggerations of the circumstances are not uncommon. You need a lawyer with a clear focus and solid understanding of the law to get to the truth and achieve the best possible outcome for all interested parties.

You Have a Right to Expect success

Choose Thompson • Garcia Law
  • Thorough, Strategic Representation
  • 65 Years of Combined Experience
  • No Case Is Too Big
  • Spanish-Speaking Services
  • Lawyers of Distinction
  • 10 Best 2018
  • SuperLawyers

Contact Our Attorneys Today To Talk About Your Assault Defense

Our attorneys have decades of experience with cases that include allegations of gang enhancement and street terrorism. We examine every piece of evidence and look into all potential procedural missteps, including search and seizure, wiretapping and search warrant discrepancies. We work with the facts and evidence to build a solid case for you.

We can also assist with any immigration-related penalties that come out of charges or convictions for crimes against another person. Convictions for an assault crime against a child will likely lead to deportation, even for a misdemeanor charge of domestic violence. We can help take steps to avoid the likelihood of deportation.

Call us at (510) 757-1878 or contact our firm online for a free consultation about your case. We can answer your questions and provide the information you need.

  • “This is the best of the best law firms in the Bay Area.”

    - Shirley T.
  • “I am very grateful for the help and support and would recommend this law firm to anybody.”

    - Tom K.
  • “The staff is amazing and was extremely patient with us and the troubles that came with our case.”

    - Maricela G.
  • “They saved me years of prison time by proving that I was falsely accused of a crime.”

    - Becky H.
  • “This law firm is top notch and I HIGHLY RECOMMEND Garcia and Thompson.”

    - Casie Z.


Thompson • Garcia Law has the knowledge and skill to handle any criminal matter. 

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