Assault or Battery Charge? Tell Your Side First.
Assault and Battery Attorney San Diego
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By Jason Ronis, Criminal Defense Attorney · CA Bar #229628Updated November 2026
Assault and battery are often charged after fights, bar incidents, and heated arguments. A simple battery (PC 242) is a misdemeanor, but assault with a deadly weapon (PC 245) can be a felony and a strike. Self-defense is a real defense. Jason Ronis Law defends these cases in San Diego. Call or text (619) 859-2002, free, day or night.
What Is the Difference Between Assault and Battery in California?
Assault (PC 240) is an act that would likely result in force on someone, with the ability to do it. No touching is needed. Battery (PC 242) is a willful harmful or offensive touching. Many fights lead to both charges. Neither one needs a serious injury.
Assault and Battery Charges and Penalties in San Diego
| Charge | In plain words | Possible penalty |
|---|---|---|
| Assault, PC 240 | Act likely to cause force | Up to 6 months in county jail |
| Battery, PC 242 | Harmful or offensive touching | Up to 6 months in county jail |
| Battery with serious injury, PC 243(d) | Battery causing serious bodily injury | County jail up to 1 year, or prison 2, 3, or 4 years |
| Assault with a deadly weapon, PC 245 | Weapon or force likely to cause great injury | County jail up to 1 year, or prison 2, 3, or 4 years |
| Battery on a police officer, PC 243(b) | Battery on an officer doing their job | Up to 1 year in county jail |
PC 245 can be a strike. Domestic battery is covered on our domestic violence page.
Self-Defense Is a Defense to Assault and Battery in California
You can use reasonable force if you reasonably believe you or someone else face immediate harm. You do not have to run away first. The force must fit the threat. Video, witnesses, and injuries often decide these cases. We build the self-defense case from day one.
Assault or Battery Charge? Call Before You Talk to Police.
A real attorney. Free. Day or night.
Bar Fights, Road Rage, and Other Common Assault and Battery Cases in San Diego
- Fights at bars, parties, and events.
- Road rage incidents.
- Neighbor and workplace disputes.
- Incidents with police.
- Arguments with family. See domestic violence.
How We Defend Assault and Battery Charges in San Diego
- Self-defense or defense of others.
- Wrong person. We study video and witnesses.
- False or exaggerated accusations.
- No intent or an accident.
- Was it a “deadly weapon”? We challenge the label that raises a charge to a felony.
- Illegal searches or statements.
- Diversion or a lesser charge when available.
Misdemeanor Diversion and Reduction Options for Assault and Battery
For some misdemeanors, a judge may allow diversion under PC 1001.95, which can end in dismissal. It is not available for every case. Other outcomes include reduced charges and probation. Past cases can sometimes be cleared. See record expungement.
What Happens After an Assault or Battery Arrest in San Diego
- Booking and release. See how to get someone out of jail.
- Arraignment within about 48 hours.
- Pretrial and plea talks.
- Trial.
San Diego state cases are heard at the Central Courthouse (330 W. Broadway), the South Bay Justice Center (500 Third Avenue, Chula Vista), and the Vista Courthouse (325 S. Melrose Drive). You may also face a civil lawsuit from the other person.
What to Do If You Are Charged With Assault or Battery in San Diego
Why Choose Jason Ronis Law for Assault and Battery Defense in San Diego
- 20+ years in San Diego courts.
- You talk to a real attorney, free, day or night.
- English and Spanish.
- Local courtroom experience at all San Diego courthouses.
Related: violent crimes, murder and homicide, DUI defense, and Jason Ronis. No lawyer can promise a result.
What Clients Say
Real Google reviews from people who called us when they were scared and unsure.
“He communicated clearly, guided me through every step, and fought hard to get me the best possible outcome. I felt supported, informed, and never judged.”
Leah A.Google review“He is the lawyer you want on your side — relentless, strategic, and genuinely invested in achieving the best results.”
Ethan C.Google review“Jason and his team followed up extremely well during my whole process. He is very communicative and explored anything that I brought up.”
Jenny G.Google reviewReviews are from past clients. Every case is different. Past results do not guarantee a similar outcome.
More Quick Answers
Short answers to other things people ask us.
What is the difference between assault and battery?
Assault is an act that would likely cause force. Battery is the actual harmful or offensive touching. Call (619) 859-2002 for a free consultation.
Is assault or battery a felony?
Simple assault and battery are misdemeanors. PC 243(d) and 245 can be felonies.
Is self-defense a defense?
Yes, if you reasonably believed you faced harm and used reasonable force.
Do I have to retreat before defending myself?
No. You may stand your ground if you reasonably fear immediate harm.
Can fists be a deadly weapon?
Under PC 245, force likely to cause great injury can qualify even without a weapon. We challenge this.
Can an assault charge be dismissed?
Sometimes, including through diversion. No lawyer can promise a result.
Will an assault conviction affect my job or immigration status?
It can. Ask us before any plea.
Can the other person sue me?
Yes. A civil case can follow a criminal case.
Do you speak Spanish?
Sí. Se habla español. Call or text (619) 859-2002.
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Jason Ronis Law | San Diego Criminal & DUI Attorney
105 F St THIRD FLOOR, San Diego, CA 92101
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