Los Angeles Criminal Assault Defense Attorney

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Assault

Assault and battery are often charged together, but these are not interchangeable criminal offenses. A conviction of assault or battery or both charges can have significant and lasting impact on the offender’s future and can become a part of its criminal record. The state of California has imposed harsh sentences for violent crimes and assault and battery are both punished under the laws for violent crime.

What is Assault?

According to California Penal Code 240, “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Difference between Assault and Battery

The major difference between assault and battery is the occurrence of action/ use of force/ violence. While, assault is an attempt or a threat of illegal use of force against another person, battery is related to the actual use of force or violence against another person.

Different Types of Assault Charges and Consequences

Simple Assault: It involved assault against another person and the sentence can be up to $1000 fines, jail time up to 6 months or both.

Assault Against Parking Officer: If the person assaulted is a parking officer, the conviction can face up to $2,000 in fines, up to 6 months of county jail time or both.

Assault Against Police officer/ Peace officer/ Emergency Personnel/ Firefighter etc.: The convicted of assault under 241(c) can face up to $2,000 in fines, up to 1 year of county jail time or both.

Assault Against Custodial Officer: If the person assaulted custodial officer, the sentence can be up to one year jail time in county jail.

Factors Affecting the Severity of Consequences:

As mentioned, the sentences in case of assault charges are harsh and can result in jail time. First-time offenses are often punished only by fines and there is no jail time if you have a strong defense case and strong defense arguments. Here are the factors that can affect the severity of punishment in case of assault conviction.

Past criminal background or history of previous conviction
Specific circumstances of incident
Strength and aggressiveness of your defense representation

What Should You Do If You Are Facing Assault Charges?

If you have been charged with assault, you should understand that your future, reputation, and money is at stake. Therefore, it is not advisable to take any risk in such serious charges and seek aggressive defense representation for you. The lawyers at David S. Chesley have a reputation of aggressively defending the clients and prove their innocence in the court. We have worked with clients that have been charged for assault due to mistaken ID or as a revenge from ex-spouse, or due to complicated circumstances. As defense lawyers, our approach is to untangle the pieces of case and explain them to judge or jury, question the validity of prosecutor’s evidences, and present counter arguments. Being part of criminal justice system for more than fifty, we are aware of our client’s situation and extend our help in every way.

Available Defenses to Prove Innocence

An insightful and knowledgeable legal representation explores available defenses in the specific circumstances of your case and focuses on building strong defense arguments around them. The commitment to client and court experience reflects itself in the legal representation by David S. Chesley and associate defense lawyers. We carefully examine all major and minor details of the case to prepare its defense. Here are common available defenses that we have successful defended in court.

Lack of intent: The assault requires that the defendant intended to commit a violent injury to the other person. By analyzing the case, it can be proven that the injury was an accident and not an intended harm.

Self-Defense: If the person charged with assault attacked or intended to attack the other person in self-defense, it is not proven as assault.

Defense of other people or defense of property: The charges of assault do not qualify if the person assaulted other person to protect another person or property from damage.

Three Strikes Law

If the person charged with assault has been previously convicted of two violent offenses, the person’s sentence is enhanced under ‘three strike law’ of California and one can face life term imprisonment under this law.

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.