Assault and Battery There's No Alternative

Orange County Assault and Battery Attorneys

Assault and Battery in California

Although assault and battery are usually referred to together, California law treats them as different offenses and defines conduct under two separate statutes. Generally, assault and battery are misdemeanors punishable by jail time and/or fines. However, if aggravating factors are present, such as causing serious bodily injury to the victim or using a weapon during the offense, the crimes are elevated to felonies. A conviction at the felony level can lead to a lengthy prison term and high fines.

If you have been charged with either or both offenses, contact our Orange County assault and battery lawyers to discuss your situation. At the Law Offices of Randy Collins, our team has over 45 years of combined experience and has handled thousands of cases. Understanding how frightening this situation can be, we will explain your legal options and provide information that could help avoid jail time. We genuinely care about the people we serve and are ready to do what it takes to seek a favorable result on your behalf. Helping Those Accused in Orange County, Riverside, San Bernardino & Los Angeles.

Schedule your free consultation by contacting our firm at (844) 285-9559 today. Our Orange County assault and battery lawyers will give the prompt and personal attention you deserve.

California Assault Law

According to California Penal Code 240, assault is defined as a criminal offence that occurs when a person intentionally and unlawfully threatens or causes bodily harm to another person, by his actions or words. In addition, the person has to be capable of causing such harm at that time resulting in another person being afraid that they will be harmed imminently. For a prosecutor to obtain a conviction, they must also prove that the alleged offender had the “present ability” to carry out the offense.

What Situations will get me Arrested for Assault?

Note that assault involves the attempt to harm another person. Actual physical contact does not have to occur for charges to be levied. The following is clarification to help better understand what constitutes assault and what constitutes battery:

  • Battery requires actual, harmful and intentional contact, while
  • Assault does not require contact.

Examples of assault include:

  • Swinging a bat at someone
  • Gearing up to throw a punch at another
  • Hurling rocks toward someone

In California, assault is one of the most commonly charged crimes. According to the Office of the Attorney General, more than 300,000 assaults occur every year in the state. Aggravated assaults involving the use of a weapon were reported almost 3,600 times in Orange County during 2014.

Too often, charges are filed against innocent individuals who committed no crime. Our assault and battery attorneys in Orange County will review the details of your case to determine what defenses can be raised.

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  • Over 45 years of Collective Experience
  • Thousands of Cases Successfully Handled
  • Former Deputy District Attorney
  • Impressive Track Record of Results
  • Highly Respected by Peers and Clients
  • Free Initial Consultation


Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".

  • Best Criminal Defense in Irvine - 2022
  • Best DUI Lawyer In Irvine- 2022
  • Best DUI Lawyer in Santa Ana - 2022
  • Best Criminal Defense Lawyer New Port Beach- 2022
  • 10 Best Attorney
  • Top 100 Trial Lawyers
  • Under 40
  • avvo 10.0


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At Law Offices of Randy Collins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

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    "Caring and Genuine Attorney"
    I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.
    Former Client
    "The one attorney you want on your side!"
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