An assault or domestic violence charge can lead to jail or prison, substantial fines, protective orders, immigration consequences, and a permanent criminal record. Prosecutors often build cases using:
- One-sided witness statements
- Rushed police investigations
- Misidentifications
- Missing or incomplete body-camera footage
- Surveillance video taken out of context
- Overcharging designed to increase plea pressure
Our job is to expose these weaknesses and pursue a dismissal, charge reduction, or not-guilty verdict whenever the evidence allows.
What Counts as Assault in California?
California law distinguishes between assault and battery.
- Assault (Penal Code §240): An unlawful attempt to use force or violence against another person. Physical contact is not required.
- Battery (Penal Code §242): Any willful and unlawful use of force or violence against another person.
Many assault cases begin as misdemeanors but may be charged as felonies if prosecutors allege serious bodily injury, use of a weapon, or certain protected victims.
Common Assault Charges We Defend
- Assault with a Deadly Weapon (PC §245)
- Domestic Battery (PC §243(e)(1))
- Sexual Battery (PC §243.4)
- Battery on a Peace Officer (PC §§243(b), 243(c)(2))
- Battery Causing Serious Bodily Injury (PC §243(d))
Penalties for Assault in Fresno
Potential penalties depend on the specific charge and whether prosecutors file the case as a misdemeanor or felony.
- Simple Assault (PC §240): Up to 6 months in county jail and up to a $1,000 fine
- Battery (PC §242): Up to 6 months in county jail
- Assault with a Deadly Weapon:
- Misdemeanor: Up to 1 year in county jail
- Felony: 2, 3, or 4 years in state prison and possible strike under California's Three Strikes Law
- Aggravated Assault / Great Bodily Injury: Significant felony prison exposure
Long-term consequences may include:
- Probation or parole
- Criminal protective orders
- Mandatory counseling
- Loss of firearm rights
- Immigration consequences
- Professional licensing issues
- Difficulty finding employment or housing
Early intervention can often improve your options.
Why Choose Michael & Associates?
Michael & Associates is built around experienced senior trial attorneys—not junior associates.
Our clients benefit from:
- Senior attorneys handling every case
- Trial-ready defense from day one
- Thorough investigation and evidence review
- Responsive communication and white-glove client service
- Fixed-fee representation after your free consultation
- A strategy focused on dismissals, reductions, and trial success when necessary
We defend clients throughout the Fresno County Superior Court system and surrounding Central Valley communities.
How We Beat Assault Charges
Every assault case is different, but common defense strategies include:
- Self-defense or defense of others
- False or exaggerated accusations
- Lack of credible evidence
- Inconsistent witness statements
- Body-camera or surveillance footage supporting the defense
- Illegal searches or arrests
- Challenging overcharged allegations
These strategies frequently lead to dismissals, reduced charges, diversion, or favorable negotiated resolutions.
What to Expect When You Hire Us
We make the process straightforward from the beginning.
- Free consultation with a senior attorney
- Immediate review of police reports and available evidence
- Independent investigation
- Strategic motions challenging unlawful evidence
- Aggressive negotiations or trial preparation
- Regular communication throughout your case
We also assist clients with bail, protective orders, and emergency legal guidance when needed.
Sources: Michael & Associates research; California Penal Code §§ 240–248; Fresno County Superior Court; Fresno County District Attorney's Office; Fresno Police Department; Fresno County Sheriff's Office; California Courts Self-Help Center; California Criminal Law: Procedure and Practice; California Guide to Criminal Evidence.
