Criminal defense attorney

Torrance Assault & Battery Lawyer

38 Years as a Prosecutor. Now Fighting for South Bay Defendants.

Assault and battery are two separate crimes in California that are frequently charged together and can arise from a single incident. Either charge can carry jail time, fines, and consequences that follow you long after a case closes. A charge is not a conviction, and the right defense strategy can help keep assault or battery charges from becoming a permanent part of your record.

Ernenwein & Mathes, LLP is based in Torrance and defends clients facing assault and battery charges throughout the South Bay and Los Angeles County. Our firm devotes its practice to criminal law. Our founding partner, Robert Ernenwein, spent 38 years as a Los Angeles County Deputy District Attorney before co-founding this firm, giving us direct knowledge of how prosecutors in LA County build these cases. We put that experience to work on the defense side. Robert is also certified as a criminal law specialist by the California State Bar Board of Legal Specialization, a designation that requires demonstrated competence and ethical standing. Michelle Mathes brings 25 years of criminal law experience, including service as a federal judicial extern for the 9th Circuit and as a district attorney research attorney. Together, our attorneys bring over 60 years of dedicated criminal law practice in Southern California.

If you or someone you know is facing assault or battery charges in Torrance or the surrounding South Bay communities, call us at (310) 361-3068 for a free, confidential consultation.

Assault & Battery Under California Law

Assault and battery are distinct offenses with separate definitions and penalty structures under California law.

Assault Under California Penal Code 240

California Penal Code 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Physical contact is not required. A simple assault conviction is a misdemeanor carrying up to six months in county jail and a fine of up to $1,000.

Battery Under California Penal Code 242

California Penal Code 242 defines battery as the willful and unlawful use of force or violence upon the person of another. Unlike assault, battery requires actual physical contact. A simple battery conviction is a misdemeanor carrying up to six months in county jail and a fine of up to $2,000. In practical terms, battery is an assault that makes contact.

Consequences Beyond the Courtroom

The penalties listed in the statute are only part of what’s at stake. Assault and battery convictions carry collateral consequences that can affect your life for years:

Employment: Convictions appear on background checks and can disqualify you from jobs requiring clean records, work with vulnerable populations, healthcare roles, government positions, and security work.
Professional Licensing: State licensing boards governing nurses, teachers, contractors, and real estate agents may deny, suspend, or revoke licenses based on violent crime convictions.
Immigration: For non-citizens, assault and battery convictions can constitute crimes involving moral turpitude under federal immigration law, potentially triggering deportation proceedings or denial of naturalization.
Three Strikes Exposure: Felony assault convictions count as strikes under California’s Three Strikes Law, compounding penalties for any future conviction.
Civil Liability: A convicted defendant may face a separate civil lawsuit from the alleged victim seeking monetary damages, independent of the criminal case.
Custody & Visitation: Convictions can affect custody and visitation rights, particularly when the alleged victim was a family member.

Why Clients in Torrance Choose Ernenwein & Mathes, LLP

Robert Ernenwein’s 38 years as a Los Angeles County Deputy District Attorney means we understand the strategies and priorities of the LA County DA’s Office in assault and battery cases. We don’t guess at how the prosecution thinks. Robert holds Super Lawyers and Martindale-Hubbell Preeminent ratings alongside his State Bar specialist certification, and Michelle brings her own background in prosecutorial research and federal judicial work.

What sets our approach apart in practice:

Direct Attorney Access: Clients receive direct cell phone numbers for Ernenwein or Mathes. We don’t use case managers as intermediaries.
Licensed Private Investigator: Our defense team includes a licensed private investigator and former LAPD officer who conducts independent factual investigations to strengthen your defense.
Diversion and Alternative Outcomes: We actively pursue mental health, substance abuse, and military diversion programs, deferred entry of judgment, and felony-to-misdemeanor reductions when they serve a client’s interests.
Pretrial Focus: We pursue dismissals, charge reductions, and favorable resolutions before and during litigation rather than accepting outcomes that leave a mark on your record.
Bilingual Services: We provide legal counsel in Spanish.
Free Consultation: Initial consultations are free and confidential.

We defend clients throughout the South Bay, including communities served by the Torrance Courthouse, from Palos Verdes and Manhattan Beach to Redondo Beach, Long Beach, and San Pedro.

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The Difference Between Assault & Battery

The difference between assault and battery in California comes down to whether an attempted use of force made contact. Assault is the attempt; battery is the completed act.

Consider a straightforward example. Before any punches are thrown, there is neither an assault nor a battery. The moment an attacker draws back their fist and swings at someone, an assault has occurred: the attempt to commit a violent injury is present, and the means to carry it out are at hand. If the punch connects, it becomes battery as well. If it misses entirely, only the assault has been committed.

The distinction matters legally because the charges, the elements the prosecution must prove, and the defenses available differ between the two offenses. Understanding which charge you face, and why, shapes every strategic decision in your case.

Violent Crimes Cases We Handle

How California Courts Define Force & Contact

Not every assault or battery involves a fistfight. California courts apply “use of force” broadly: even the slightest offensive touching can satisfy the element for battery. Pushing someone on a sidewalk, slapping their wrist, or blowing smoke into their face can all constitute sufficient force.

Courts also interpret “person” expansively. Battery can occur when you touch someone through their clothing, knock something out of their hand, or kick a bicycle while someone is sitting on it. Even without direct body contact, you are considered to have contacted their “person.”

The same broad interpretation applies to assault. Attempting to knock something out of someone’s hand or trying to kick their bike while they’re on it can establish an assault charge, even when no contact is ever made.

I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.

- Kevin Q.
Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.

- Khadijeh K.
If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!

- Jake L.
They are the gold standard for defense attorneys. A+

- Former Client

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Defenses to Assault & Battery Charges

A criminal charge is not a conviction. Several recognized defenses can defeat assault and battery charges or significantly weaken the prosecution’s case.

Lack of Intent

Both assault and battery require intentional acts. Accidental or negligent contact is not sufficient for conviction. Lowering your shoulder and pushing into someone on a sidewalk can support an assault and battery charge; accidentally bumping into someone while turning a corner cannot. Proving the contact was unintentional is a straightforward and effective defense when the facts support it.

Lawful Child Discipline

California law recognizes an exception for reasonable parental discipline. If you were disciplining your child and face an assault or battery charge as a result, you can assert this defense. The discipline must be reasonable under the circumstances, however. Causing injury to a child cannot be justified as discipline.

Self-Defense or Defense of Others

Assault or battery may be legally justified when committed in self-defense or defense of another person. To succeed on this defense, you must show that you reasonably believed you or someone else faced imminent danger, that force was necessary to prevent that danger, and that you used no more force than was reasonably necessary.

Additional recognized defenses include false accusations, mutual combat, and insufficient evidence. When law enforcement obtained evidence in violation of your constitutional rights, a suppression motion may remove that evidence from the prosecution’s case entirely.

For more information or answers to your questions, contact Ernenwein & Mathes, LLP today at (310) 361-3068. The consultation is free.

Assault & Battery Charge Classifications & Penalties

Assault and battery charges are classified as misdemeanor or felony based on the severity of the injury and the presence of weapons or aggravating circumstances.

A simple assault conviction under Penal Code 240 is a misdemeanor carrying up to six months in county jail, probation, and a maximum fine of $1,000. When a weapon or serious force is involved, charges can escalate to a felony under Penal Code 245, which carries up to four years in state prison, probation, and heavier fines.

Several specific charge types arise frequently in South Bay cases and carry distinct consequences:

Assault with a Deadly Weapon (PC 245(a)(1)): A wobbler offense that can be charged as a misdemeanor or felony. A felony conviction carries two, three, or four years in state prison and can constitute a strike under California’s Three Strikes Law.
Aggravated Battery Causing Serious Bodily Injury (PC 243(d)): A felony carrying two, three, or four years in state prison.
Sexual Battery (PC 243.4): Carries distinct penalties and can require sex offender registration.
Battery on a Police Officer (PC 243(b) and 243(c)(2)): Elevated penalties apply when the alleged victim is a peace officer acting in the line of duty.
Battery Against a Spouse (PC 243(e)(1)): Triggers mandatory batterer intervention programs and firearm prohibitions upon conviction.

Prior felony convictions can increase penalties for a new assault or battery conviction, making early and experienced defense all the more critical.

What Happens After an Arrest for Assault or Battery in Torrance

Following an arrest, a defendant is booked at Torrance Police Department facilities, fingerprinted, photographed, and processed before bail is set or an own-recognizance release is considered. The arraignment takes place at the Torrance Courthouse, where charges are formally presented and a plea is entered.

Pretrial proceedings include discovery review, suppression motions, and negotiation with prosecutors. Most cases resolve at this stage, which is why early attorney involvement matters. Our former-prosecutor background directly informs how we challenge the prosecution’s evidence at pretrial hearings, and our licensed private investigator, a former LAPD officer, conducts independent factual investigation that can surface evidence critical to those motions.

In domestic violence situations, California law requires officers to make an arrest when probable cause exists, even if the alleged victim doesn’t request one. Emergency protective orders may also be issued at the time of arrest, prohibiting contact with the alleged victim for up to seven days. These dynamics require experienced handling from the first hours after arrest.

When a favorable negotiated outcome isn’t available, we’re prepared to take assault and battery cases to jury trial in Los Angeles County courts. The prosecution bears the burden of proving every element of the charge beyond a reasonable doubt, and we hold them to it.

Diversion and Alternative Resolutions in Assault Cases

Not every assault or battery case needs to end with a conviction. California law provides several paths that may result in charges being dismissed or reduced, particularly for first-time defendants whose futures depend on keeping their records clean.

We actively pursue these options when they serve a client’s interests:

Pretrial Diversion: Programs typically require completion of anger management or counseling, community service, and a period without new charges. Upon successful completion, charges may be dismissed and may not result in a conviction.
Deferred Entry of Judgment: A plea is entered, but judgment is withheld pending completion of probation conditions. Successful completion may result in withdrawal of the plea and dismissal of the case.
Felony-to-Misdemeanor Reduction: When full dismissal isn’t achievable, reducing a felony to a misdemeanor or to a non-violent offense such as disturbing the peace can substantially limit collateral consequences for employment, professional licensing, and immigration status.
Mental Health, Substance Abuse and Military Diversion: California law provides specific diversion programs for qualifying defendants. We identify eligibility early and advocate for placement when appropriate.

First-time defendants charged with simple assault or battery are often the strongest candidates for these programs. The sooner an attorney is involved, the more options remain on the table.

Speak With a Torrance Assault & Battery Defense Attorney

If you’re facing assault or battery charges in Torrance or anywhere in the South Bay, your next step is a direct conversation with an attorney who understands how these cases are prosecuted. We offer free, confidential consultations, and when you call, you reach Ernenwein or Mathes directly. No case managers. No intermediaries.

Contact us online or call (310) 361-3068 today to schedule a consultation and take the first step toward resolving your legal issues.

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