The first few days after an arrest are often the most important. Prosecutors begin evaluating evidence immediately, and early decisions can influence whether charges are filed, reduced, or aggressively prosecuted.
Our attorneys work to uncover evidence that law enforcement may have overlooked, including:
- Evidence supporting self-defense or defense of another person
- Witnesses whose accounts differ from police reports
- Body-camera or surveillance footage that contradicts the allegations
- Incomplete investigations or unreliable eyewitness identifications
- Physical evidence inconsistent with the prosecution's theory
- Cases where felony allegations exceed what the evidence supports
Beginning the defense early allows us to preserve critical evidence and identify opportunities to seek reduced charges, dismissal, or a stronger position if the case proceeds to trial.
California Assault and Battery Laws Explained
Although many people use the terms interchangeably, California law recognizes assault and battery as separate criminal offenses.
- Assault (Penal Code §240): Attempting to use force or violence against another person. Physical contact does not have to occur.
- Battery (Penal Code §242): The unlawful use of force or violence against another person through unwanted physical contact.
Depending on the facts, prosecutors may file misdemeanor or felony charges, particularly when allegations involve weapons, serious bodily injury, or protected victims.
Assault Offenses We Handle
Our attorneys defend clients charged with:
- Assault with a Deadly Weapon (PC §245)
- Domestic Battery (PC §243(e)(1))
- Battery Causing Serious Bodily Injury (PC §243(d))
- Sexual Battery (PC §243.4)
- Battery on a Peace Officer (PC §§243(b), 243(c)(2))
- Other misdemeanor and felony assault-related offenses
Penalties for Assault in San Francisco
The penalties depend on the nature of the allegations and whether prosecutors pursue misdemeanor or felony charges.
Potential consequences include:
- Simple Assault (PC §240): Up to six months in county jail and fines of up to $1,000.
- Battery (PC §242): Up to six months in county jail.
- Assault with a Deadly Weapon: Up to one year in county jail if charged as a misdemeanor, or two, three, or four years in state prison if charged as a felony.
- Aggravated Assault: Cases involving great bodily injury or other aggravating circumstances may result in lengthy prison sentences and sentencing enhancements.
A conviction may also lead to protective orders, probation, loss of firearm rights, immigration consequences, professional licensing issues, employment difficulties, and a permanent criminal record.
Why Clients Choose Michael & Associates
Michael & Associates focuses exclusively on criminal defense. Every client works directly with a senior trial attorney who prepares the case for the strongest possible outcome.
Clients choose our firm because we provide:
- Experienced senior trial attorneys
- Immediate investigation and evidence preservation
- Personalized defense strategies
- Responsive, white-glove client service
- Transparent flat-fee representation
- Trial-ready preparation from day one
We defend clients throughout the San Francisco Superior Court and surrounding Bay Area communities.
How We Challenge Assault Allegations
No two assault cases are alike, and every allegation deserves an independent investigation.
Depending on the circumstances, we may argue:
- Lawful self-defense
- Defense of another person
- False accusations
- Inconsistent witness testimony
- Video evidence contradicting police reports
- Constitutional violations involving searches or arrests
- Insufficient evidence to support the charges
Our goal is to obtain a dismissal whenever possible or position the case for a favorable negotiated resolution or acquittal at trial.
What Happens After You Hire Michael & Associates?
Once you retain our firm, we begin working immediately to protect your interests.
Our team will:
- Review the allegations and available evidence
- Obtain police reports and body-camera footage
- Conduct an independent investigation
- Identify legal and constitutional defenses
- Communicate with prosecutors when appropriate
- Prepare the case for trial from the outset
We also assist clients with bail, protective orders, emergency legal guidance, and every stage of the criminal court process.
Sources: Michael & Associates research; California Penal Code §§ 240–248; San Francisco Superior Court; San Francisco District Attorney's Office; San Francisco Police Department; California Courts Self-Help Center; California Criminal Law: Procedure and Practice; California Guide to Criminal Evidence.
