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Bay Area Assault & Battery Lawyer​

Assault & Battery

If you are arrested on charges of Assault or Battery, you need to find a criminal defense lawyer in the Bay Area to represent you. A criminal defense attorney will help you understand your rights and give you advice on how best to proceed. They will also fight for your rights and ensure that your interests are protected at every stage of the proceedings.

An Assault or Battery charge is a criminal offense with serious penalties if found guilty. Depending on the severity of your case, you could be sentenced to as much as 25 years in jail if you’re convicted of assault or battery.  If you have been charged with either Assault or Battery, it’s important that you get in touch with an attorney who can help defend your case and protect your interests from beginning to end. 

For years, Huff Legal has worked on hundreds of different criminal cases, including Assault & Battery, and has the knowledge on how to handle these types of cases. 

Let’s look at some of the things you should know about being charged with Assault & Battery and what to do about it.


As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system.

At Huff Legal, we have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients. These situations can oftentimes be challenging, which is why you need a team of experts on your side to get you the outcome you deserve!

When you work with Huff Legal, you can be confident we will do everything in our power to get the best results possible. Our team is results-driven and we are committed to achieving the best possible outcome for each and every one of our clients.

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    What's The Difference Between Assault & Battery?

    Penal Code 240 PC - Assault

    Under Penal Code 240 PC, Assault can be defined as a threat of imminent force or violence against someone or their property. The key difference between battery and assault is that assault involves a threat of harm. For example, if you reach for someone’s neck or physically hit them, you are committing battery. If, however, you say you’re going to hurt someone but don’t make any actual physical contact, or if you attempt to attack someone but fail to physically touch them, that’s assault. 

    It’s important to know the difference between assault and battery, seeing as the penalties can vary significantly between the two offenses depending on the severity of the case. It’s important to get expert legal advice as soon as possible if you have been charged with either of these offenses.

    Penal Code 242 PC - Battery

    Battery is where a person commits unlawful physical contact with another person or their property. The offense is most commonly associated with domestic violence cases where one partner is accused of harming the other. However, it can also arise in other contexts, such as in a bar fight or in a dispute between two people. Under Penal Code 242 PC in California, battery is a misdemeanor offense. 

    There are, however, circumstances when a battery can be charged as a felony. Under Penal Code 243c2 PC, it is a crime to commit battery on a peace officer in California, and can oftentimes lead to a felony charge, which would be punishable by up to 3 years in jail or prison. Example of the difference between the two: Verbally threatening someone is considered an assault, and physically striking the person is considered battery.

    Being Charged With Assault and/or Battery in the Bay Area

    If you have been arrested on Assault and/or Battery charges in the Bay Area, you should contact an attorney who is familiar with these types of cases and can provide you the beset possible defense. 

    As a former patrol supervisor, Criminal defense attorney Michel Huff has the knowledge and experience necessary to defend people charged with Assault and Battery in the Bay Area, and he can help you, too!

    Give our office a call today to speak with one of our experienced Assault & Battery lawyers today!

    What Should You Say to the Police

    If ever you’re charged with Assault and Battery, you should refrain from talking, other than to provide your name, address, and show some type of identification if requested by the police officer. Rather, allow your lawyer to speak on your behalf. If you need emergency assistance, contact Huff Legal right away. We are available around the clock! 

    It is always advisable to have an attorney present when speaking with the police if you are being accused of anything. Furthermore, you should refrain from answering any police inquiries until you have received legal counsel.

    We understand that you might want to defend yourself or provide an explanation to the police, as being charged with a crime and going through the arrest process may be unsettling and overwhelming. However, at that moment, nothing you say is likely to prevent the authorities from arresting you. The best way to build a strong defense is to keep quiet and seek legal assistance as soon as possible.

    Should I Get a Lawyer for an Assault and/or Battery Charge in the Bay Area?

    Having legal representation is not only your right, but also your greatest option for defending yourself in court. Due to the potentially severe consequences of these circumstances, you should get legal counsel. You run the possibility of getting a criminal record, paying hefty fines, and going to jail or prison if you’re accused. 

    How Can a Lawyer Help With Your Assault & Battery Charges?

    Depending on the circumstances of your case, we may be able to have your charges reduced, or even completely dismissed. We defend people accused of assault and battery, whether it’s a misdemeanor or a felony, in a variety of different offenses:

    • Fights at bars or nightclubs 
    • Street fights
    • School or workplace fights
    • Domestic violence cases
    • Sexual assault and battery
    • Assault & Battery of a police officer

    California misdemeanor assault convictions can result in fines up to $1,000 and/or six months in jail. A battery conviction may result in a fine up to $2,000 or one year in prison. Special circumstances may result in increased penalties for either crime. But, can every criminal lawyer in the Bay Area handle every type of assault case? The simple answer to this question is no. Not all criminal defense lawyers have the same amount of experience or knowledge. At Huff Legal, we have years of experience handling all types of criminal cases, and can help you with the following criminal charges:

    Penal Code 245.2 PC - Assault with a Deadly Weapon

    California Penal Code Section 245.2 defines Assault with a Deadly Weapon as using force or violence upon another person with deadly weapon, and that force or violence is likely to result in great bodily injury. 

    Anyone convicted of assault with a deadly weapon can face a jail term of up to four years or a fine of $10,000, or even both.

    Penal Code 243.4 PC - Sexual Assault

    Penal code 243.4 PC, also know as either sexual assault or sexual battery, can be defined as any sexual act or contact that takes place on another person without their consent. The seriousness of this offence varies depending on the kind of sexual assault, and like other assaults in California, it may be either a felony or a misdemeanour. In order for a conviction to take place, the defendant must demonstrate that the victim did not give consent to the action.

    Penal Code 241 PC - Assault on a Police Officer

    An individual who commits an act of violence against a police officer while they are performing their duties can be charged with a misdemeanor and punished with up to one year in county jail and a $2,000 fine. A conviction for aggravated assault on a police officer can carry a penalty of up to three years in a county jail or $10,000 fine or both.

    Common Questions for an Assault and Battery Attorney

    What should I do if I am charged with Assault & Battery?

    The best course of action when charged with assault and battery is to seek the counsel of an experienced battery attorney. Your lawyer will hear your perspective, gather any necessary additional evidence, and then propose a plan for defending you.

    An assault victim may also file a civil lawsuit and seek damages from you. In this situation, you will require an experienced civil litigation lawyer to defend you. At Huff Legal, we are also experienced in civil litigation and have a team of attorneys ready to defend you!

    What are the possible defenses to an assault charge?

    There are several defenses someone charged with assault can utilize, including:

    • No intention to commit assault
    • Self-defense
    • Defense of others
    • Inability to commit the assault
    • Accident
    • The victim consented

    There may be other defense options that are reasonable, depending on the details of your situation.

    Can I be charged with assault for defending myself?

    You are completely exculpated for assault charges if you defend yourself or a third party from harm using reasonable force.

    Can they charge me with assault for mistakenly assaulting the wrong person?

    It is still possible to be charged with assault if you assaulted the wrong person by mistake. The prosecution must only prove that you had the intent to commit assault, regardless of who was assaulted.


    As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system. We also have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients over the past few years.

    Why Huff Is Your Best Option For Criminal Defense

    55+ Years of Combined Experience

    At Huff Legal, we have more than 55 years of combined experience dealing with complex criminal legal matters, which can oftentimes be quite challenging. In order to get the outcome you deserve, you need a team of experienced attorneys on your side, who can help you navigate the legal system, so you can move past this situation and focus on the life ahead of you!   

    5 Star Rating on Google

    We have a proven track record of success and are dedicated to our clients’ best interests. If you’re looking for a law firm that will always have your back, look no further than Huff Legal. Just have a look at some of our amazing client reviews over here!

    1,500+ Happy Clients

    Over the years, we’ve had the privilege of helping over 1,500 clients with their legal needs. When you work with us, you can be confident that you’re getting the best possible legal representation. We’re proud of our track record and our reputation for being a firm that delivers great results.

    What Our Clients Say About Us

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    5 Star Review on Google
    Attorney Michel Huff was nothing short of amazing! He was friendly, knowledgeable, and very professional. He kept me informed every step of the way, up until the end of my case. He is thorough in his work; he genuinely cares about people and goes the extra mile to address your need. Highly recommended.


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    5 Star Review on Google
    Huff legal is super responsive. Their assistant scheduled a consultation for a specific date. They followed through and gave me a call. Huff legal is amazing because they are super quick with everything. Technology and customer service is their strength. Attorney Huff has been responsive all through since the first time we spoke. I as well am in the service industry and simple things like following up and answering questions are why customers go with me. For these exact reasons is why Huff Legal stood out and made choosing them to legally represent us for our situation much easier.

    Abel Resendiz

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    5 Star Review on Google
    Simply put, Huff is the best criminal defense lawyer in Oakland. I was recently charged with a serious offense that could have changed my life, could have lost everything. Huff put my mind at ease in our fist meeting, and worked tirelessly on my behalf to get me the best outcome. Always kept me informed, I’d email him on weekends and he promptly answered every question I had. Thank you again for everything you’ve done for me, couldn’t be more grateful.

    Manuela Frazier

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    5 Star Review on Google
    I was fighting a case for four years. I was belittled and battered by the plaintiff and the judge repeatedly without legal representation. Once I hired Attorney Huff, he went to court and walked into the courtroom, and it was over. Cases closed! I would recommend this Attorney highly. Having legal representation makes a world of difference. Attorney Huff is the best!


    Contact Huff Today

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    At Huff Legal, PC, we are passionate about protecting clients’ rights and providing outstanding legal services in California criminal defense, personal injury, complex civil litigation, and cryptocurrency/DeFi matters. Our Team has obtained multimillion dollar settlements and successfully defended against them too. We regularly have criminal charges dismissed or reduced. We can help.

    * Free consultations only available for Criminal Defense

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