When two people willingly engage in a physical altercation without the intent to cause serious injury or commit a crime, this is known as mutual combat. There is no formal mutual combat law in California, but this legal principle is recognized as a valid defense against certain assault and battery charges.

If you are facing assault or battery charges in California and believe that a mutual combat defense may apply in your case, contact the Law Office of Sheny Gutierrez to discuss your situation with our attorney. We have been serving Californians facing criminal charges for over 15 years. Our dedicated and aggressive approach to criminal defense is among the greatest benefits we offer our clients. Contact us to schedule a free consultation.

Understanding the Difference Between Assault and Battery in California

Many people use the terms assault and battery interchangeably, but they are two completely separate criminal charges. Although they sometimes go hand-in-hand, it is not required that someone charged with assault also be charged with battery and vice versa. Understanding the offenses you’ve been charged with is crucial to the success of your defense, so differentiating between assault and battery in California is important.

Which Crimes Fall Under Assault in California?

Attempting to physically harm another person is known as assault. It is not necessary for there to have been actual contact or harm; the threat of harm is sufficient to warrant a charge of assault. Simple assault is the threat or attempt to harm even if there is no actual harm. Aggravated assault is a more serious offense that sometimes involves other charges like robbery or brandishing a weapon.

Simple assault is a misdemeanor, but aggravated assault is a wobbler offense, which means it can be charged as a misdemeanor or felony.

Which Crimes Are Considered Battery in California?

Battery is the intentional use of force or violence against someone. To be charged with battery, there must have been actual physical contact. Simple battery involves the physical contact of another person in a harmful or offensive manner, such as slapping or pushing. This is a misdemeanor in California.

Aggravated battery is a more serious charge and can be classified as a misdemeanor or felony. This offense involves a higher degree of violence or great bodily harm.

Avoiding felony charges is highly desirable, considering the long-lasting and severe consequences often associated with these types of crimes. A conviction could lead to widespread negative impact on nearly every part of your life, including:

  • Employment
  • Housing
  • Child custody and visitation
  • Family and social life
  • Certain professional licensures and certifications

Contact the assault and battery defense attorney at the Law Office of Sheny Gutierrez to secure legal representation in your misdemeanor or felony case. It’s never a good idea to represent yourself, so don’t take the chance with something this important.

Is It Possible to Reduce a Felony Assault Charge to a Misdemeanor?

Your criminal defense attorney may be able to use several avenues for reducing your charge, including a 17(b) motion. In California, Penal Code Section 17(b) allows certain felony offenses to be reduced to misdemeanors. You may be able to file a felony reduction motion if you were charged with a wobbler assault crime and have already completed your probation term. This option is not available to everyone, so it’s a good idea to consult with the criminal defense attorney at the Law Office of Sheny Gutierrez to discuss your eligibility.

If you are interested in having your felony assault charge reduced to a misdemeanor before serving probation, you may be able to accept a plea bargain for a lesser offense. This option will require skilled legal maneuvering to negotiate a deal with the prosecutor. In some situations, plea bargains offer a valuable opportunity for a lesser charge in exchange for a guilty plea.

Legal Defenses Against Assault or Battery Charges

In addition to the mutual combat defense, there are other legal defense strategies that may work in your case, including:

  • You acted in self-defense or in defense of another person
  • You were mistakenly identified
  • The prosecution’s evidence is not sufficient

Having trusted legal representation on your side in assault and battery cases in California is necessary to increase your chances of a favorable outcome. We cannot guarantee any outcome, but we can promise that you will receive our unwavering dedication and support during your criminal case. Our top priority is making sure each of our clients’ rights are protected. Contact the Law Office of Sheny Gutierrez today to schedule your free consultation.