Placerville Assault & Battery Defense Attorney – Violent Crime Charges Demand a Strong Response
A Single Altercation Shouldn’t Define Your Future
Whether it was a bar fight, a misunderstanding that got out of hand, or you were simply in the wrong place at the wrong time—assault and battery charges can have a lasting impact on your freedom, your record, and your reputation. At the Law Office of Gregory S. Clark, we defend people throughout Placerville and El Dorado County who’ve been accused of violent crimes, working to reduce or dismiss charges and ensure that one moment doesn’t define your future.
We understand the weight these accusations carry. Even if no one was seriously hurt, California treats assault and battery as serious offenses—and in close-knit communities like ours, the stigma can linger long after the case is over. That’s why we approach every case with diligence, discretion, and determination to get it right.
What’s the Difference Between Assault and Battery in California?
In California, assault and battery are two separate charges:
- Assault is an attempt to apply force or violence on someone else. It doesn’t require contact—just the act of trying to harm or threatening harm, if you had the ability to carry it out.
- Battery involves actual unlawful contact. This can range from a shove or slap to more forceful strikes.
In many cases, both charges are filed together. For example, if you raised a fist and then punched someone, that could be considered both assault and battery. Even a small scuffle at a party or a heated argument that escalated can turn into a criminal case once law enforcement gets involved.
Types of Assault & Battery Charges We Handle
We defend clients against a wide range of violent crime charges, including:
- Simple Assault or Misdemeanor Battery – Typically stemming from minor altercations with no serious injuries.
- Aggravated Assault or Assault with a Deadly Weapon (ADW) – Felony charges involving weapons or actions that could cause significant harm.
- Battery Causing Serious Bodily Injury – If the alleged victim suffered notable injuries, prosecutors may file felony charges.
- Assault on a Peace Officer or Protected Class – If the incident involved law enforcement, medical staff, or other protected roles, penalties may be more severe.
Consequences of a Conviction
Even a misdemeanor conviction for assault or battery can result in:
- Jail time (up to 6 months for assault, or up to 1 year for battery)
- Fines, court fees, and mandatory classes
- Restitution to the victim
- A criminal record with a “violent crime” label
Felony charges can carry multi-year prison sentences and long-term impacts on employment, housing, and firearm rights. That’s why working with a local attorney who knows the courts, the judges, and the prosecution matters.
How We Defend Assault and Battery Cases
Each case is different—but we bring the same careful attention and strategic thinking to every defense. Depending on your situation, we may challenge the prosecution’s case using:
- Self-Defense or Defense of Others – If you were protecting yourself or someone else from harm, that may justify your actions. We’ll work to show you weren’t the aggressor.
- Lack of Intent / Accident – Assault and battery require intentional actions. If it was an accident or reflex, it’s not a crime under California law.
- False Accusations or Mistaken Identity – Fights happen fast, and witnesses don’t always get it right. We dig into the facts to reveal inconsistencies or alternative suspects.
- Insufficient Evidence – Witness accounts may be conflicting or unreliable. We’ll challenge whether the alleged weapon was truly “deadly,” whether injuries meet the legal threshold, or whether the DA can prove every required element of the charge.
- Mutual Combat or Consent – If both parties willingly engaged in a fight, we may be able to negotiate reduced charges or alternative sentencing.
Provocation or Heat of the Moment – While not a full legal defense, we can use context like extreme provocation to argue for leniency during plea negotiations or sentencing.
Early Negotiation and Victim Cooperation Can Shift the Outcome
Assault cases often depend on the testimony of the alleged victim. In some situations—particularly when the parties know each other—there may be a path toward early resolution. If the alleged victim is open to making amends or expresses a desire not to press charges, we may be able to negotiate for reduced charges or case dismissal.
While California doesn’t allow a formal “civil compromise” in all cases, especially domestic violence matters, Gregory will explore every option for early resolution. Sometimes that means restitution for minor injuries. Other times, it means highlighting context or character to reduce a felony to a misdemeanor—or get the case dropped entirely.
The other person started the fight—why am I the one being charged?
Police often arrest everyone involved and leave it to the courts to determine who was at fault. If you acted in self-defense, we’ll present evidence to support that and push for dismissal or acquittal.
The injuries were minor. Can we just settle this?
In some misdemeanor cases, if the alleged victim agrees to a financial resolution, we may be able to request a dismissal. While not available in every case, especially those involving domestic partners, we’ll assess your situation and explore whether it’s possible to resolve things outside the courtroom.
Will I go to jail if this is my first offense?
Not necessarily. First-time offenders are often eligible for probation, anger management classes, or other alternatives to jail. Gregory will work to keep you out of custody and minimize the impact on your record.
Do I need a lawyer if I’m just going to plead guilty?
Yes. A lawyer can often negotiate for a lesser charge or better sentence—or spot defenses you didn’t know you had. Pleading guilty without legal guidance could lead to harsher penalties or a damaging conviction on your record.
What is assault with a deadly weapon?
This charge applies when you use (or threaten to use) any object capable of causing serious harm—not just guns or knives. It could be a glass bottle, a car, or even a dog. We’ll examine whether the object truly qualifies and whether you actually intended harm. Often, these charges can be reduced with the right strategy.
Don’t Let an Assault Charge Define You
If you’ve been arrested for assault or battery in Placerville, don’t wait to see how things unfold. These cases can move quickly—and early decisions matter. At the Law Office of Gregory S. Clark, we fight to protect your name, your freedom, and your future.
Call now for a confidential consultation. We’re here when you’re ready to fight back.
