Best Assault & Battery Lawyers in Burbank

About Assault & Battery Law in Burbank, United States

In Burbank, California, assault and battery are defined and prosecuted under California Penal Code provisions. Assault generally refers to an unlawful attempt or threat to inflict bodily harm with a present ability to carry it out, while battery involves the actual harmful or offensive contact. These offenses can be charged as misdemeanors or felonies, depending on facts such as injuries, weapon use, prior convictions, and whether domestic violence enhancements apply. For residents of Burbank, the local police department and the Los Angeles County District Attorney handle charging decisions and case processing under state law. California Legislative Information provides the official text of the statutes that define assault and battery. Burbank Police Department is the primary local agency responsible for enforcing these offenses in the city.

Understanding the practical impact helps residents know what to expect. A case can proceed from arrest to arraignment in Los Angeles County Superior Court, with the DA’s office deciding which charges to file and what plea options to offer. The penalties can range from fines and probation to substantial jail time, depending on the severity and circumstances. For more information on court processes in this jurisdiction, see the Los Angeles County Superior Court site.

Why You May Need a Lawyer

Here are four to six concrete scenarios that commonly require legal representation in Burbank when Assault & Battery charges arise. Each scenario reflects real-world considerations that local residents may encounter.

• A bar or street fight in Burbank leads to a simple assault charge (Penal Code 240). If you are accused of threatening or attempting contact with a present ability to harm, an attorney can assess whether the evidence supports a conviction and whether defenses apply, such as self defense or lack of intent. A defense attorney can also negotiate reduced charges or diversion where available. Penal Code 240
• Neighbors dispute escalates to a battery allegation after a shove or slap. A lawyer can help determine if contact was truly battery or a misunderstandings that does not meet the legal standard, and can represent you at arraignment and in negotiations with the prosecutor. Penal Code 242
• Domestic violence allegations surface after a family argument, triggering protective orders and potential enhancements. An attorney can challenge the timing or scope of restraining orders, help with evidence presentation, and pursue alternatives to jail when appropriate. See CA DV guidance on the Courts Self-Help site. California Courts Self-Help: Domestic Violence
• You are charged with felony assault with a deadly weapon (Penal Code 245(a)(1)) after brandishing a knife or other weapon in a confrontation. A defense attorney is essential to evaluate weapon use, intent, and possible lesser-included offenses or plea negotiations. Penal Code 245(a)(1)
• You face a juvenile assault case in a Burbank-area court. Juvenile proceedings have special rules, and a lawyer can protect age-appropriate rights, seek appropriate rehabilitation options, and coordinate with the court for possible alternatives to confinement.
• You received a citation or arrest for a battery allegation while exercising First Amendment rights or during a protest. An attorney can evaluate potential civil liberties defenses, procedural irregularities, and correct any misapplications of force laws.

These scenarios illustrate why timely, qualified legal advice matters. A local assault & battery attorney can explain the charges, evaluate evidence (police reports, witness statements, video footage), and tailor a defense strategy that aligns with Burbank and LA County procedures. To begin researching your options, consider consulting with an attorney who specializes in criminal defense in the Burbank and Los Angeles County area.

Local Laws Overview

In Burbank, Assault & Battery cases are governed by California Penal Code provisions rather than city ordinances. The following statutes are the core definitions used by prosecutors and judges in this jurisdiction:

• California Penal Code 240 - Assault: Defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. It is typically charged as a misdemeanor but can be enhanced or become a felony in certain scenarios. For the official text, see California Legislative Information.
• California Penal Code 242 - Battery: Provides that any willful and unlawful use of force or violence on the person of another constitutes battery. Battery can be charged as a misdemeanor or a felony depending on the facts, including injuries and prior offenses. See Penal Code 242.
• California Penal Code 245(a)(1) - Assault with a deadly weapon or instrument: Elevates the offense when a person commits an assault with a deadly weapon or instrument, which is typically charged as a felony. See Penal Code 245(a)(1).

Local enforcement in Burbank follows state law, and cases typically pass through the Los Angeles County Superior Court system. If you are facing charges, you should understand how these statutes interact with court procedures in LA County. The Burbank Police Department handles initial investigations, while the Los Angeles County Superior Court site provides procedural guidance for arraignments and hearings. Los Angeles County Superior Court, Burbank Police Department, and California Legislative Information are useful resources for official text and guidance.

Recent changes or trends in Assault & Battery law in Burbank reflect broader California practice, particularly around domestic violence protections and evidence standards. While the core statute definitions remain stable, prosecutors increasingly emphasize protective orders, DV enhancements, and weapon-related enhancements in appropriate cases. For DV specific guidance and court options, see the California Courts Self-Help site. California Courts Self-Help: Domestic Violence.

Frequently Asked Questions

What is the difference between assault and battery in California?

Assault is the attempt or threat to inflict harmful contact with present ability. Battery is the actual harmful or offensive contact. California often handles these together or separately under Penal Codes 240 and 242, depending on the case.

How do I know if I should hire a Burbank assault attorney?

Hire counsel if you face arrest or charges in Burbank or LA County, or if you expect a complex defense strategy. A local attorney can assess evidence, negotiate with the DA, and protect rights at arraignment and trial.

When does an assault become a felony in California?

A standard assault typically remains a misdemeanor, but it can become a felony if a deadly weapon is used, serious bodily injury occurs, or there are prior felony convictions or enhancements. Penal Code 245(a)(1) governs weapon-enhanced charges.

Where can I find official definitions of these offenses?

Official definitions are in the California Penal Code, accessible through the California Legislative Information website. Look up Penal Codes 240, 242 and 245 for precise language and penalties.

How long does a typical assault case take in Los Angeles County?

Criminal cases commonly proceed through several stages, including arraignment, pretrial hearings, and possible trial. In LA County, uncomplicated cases may resolve within several months, while complex cases can take a year or longer.

Do I need a lawyer if I am charged with simple assault in Burbank?

Yes. A lawyer can evaluate the evidence, advise on plea options, and negotiate reduced charges or alternative dispositions where appropriate. Legal counsel is especially important to avoid self-incrimination and protect rights.

Is domestic violence evidence treated differently in Burbank?

Domestic violence cases invoke protective orders and DV enhancements under Penal Codes 273.5 and 243(e)(1). A lawyer can help challenge orders, preserve due process, and present evidence appropriately.

How much does a defense attorney cost in a Burbank assault case?

Costs vary widely by case complexity, attorney experience, and the anticipated work. Some consultations are free or low-cost, while full representation may range from several thousand to tens of thousands of dollars. Ask for a written fee agreement upfront.

Should I plead guilty or go to trial in an assault case?

That depends on the facts, penalties faced, and potential defenses. A lawyer can explain options such as diversion, eligibility for probation, or plea bargaining for a lesser charge or sentencing outcome.

Do I need to provide a DNA test or other forensic evidence?

Forensic evidence can play a crucial role, especially in cases alleging battery or weapon use. An attorney can request or challenge forensic results and ensure proper procedures were followed during collection and handling.

Can I represent myself in an assault case in Burbank?

You may represent yourself, but it is risky. Criminal trials require navigating complex procedures and statutes. An attorney is typically essential to protect rights and achieve the best possible outcome.

What is the timeline for filing charges after an arrest in Burbank?

Charges are usually filed within days to weeks after arrest, depending on investigations and the DA's decision. Arraignment typically occurs within a short window following filing, per Los Angeles County procedures.

Additional Resources

These official resources can help you understand Assault & Battery law and court processes in Burbank and Los Angeles County:

• California Legislative Information - Official text of Penal Codes 240, 242, and 245; useful for definitions and penalties. https://leginfo.legislature.ca.gov
• Burbank Police Department - Local law enforcement in Burbank, handling investigations and initial reporting in assault and battery cases. https://www.burbankca.gov/government/departments/police
• Los Angeles County Superior Court - Official court system for criminal cases arising in Burbank and LA County. https://www.lacourt.org
• California Courts Self-Help - Domestic Violence - Guides on DV protective orders and procedures. https://courts.ca.gov/selfhelp-dv.htm

Next Steps

1. Identify your best point of contact by confirming the city and court jurisdiction for your case (Burbank is in Los Angeles County). Gather basic information: date of arrest, charges, possible weapon involvement, injuries, and any protective orders.
2. Consult a qualified criminal defense attorney who handles assault and battery cases in Burbank and LA County. Schedule a free or low-cost initial consult to discuss facts, potential defenses, and fees.
3. Obtain and review key documents with your attorney, including police reports, arrest affidavits, witness statements, and any surveillance or video evidence.
4. Ask about possible defense strategies early, such as self defense, lack of knowledge of weapon, or challenges to the evidence. Request an evaluation of plea options and any diversion programs available in LA County.
5. Discuss potential pre-trial motions with your attorney, such as suppression of evidence or challenges to the arrest if procedures were not followed.
6. Understand the court schedule and timelines set by the LA County Superior Court, including arraignment dates and trial deadlines. Prepare to attend all required hearings.
7. Decide on a course of action with your attorney, including plea negotiation versus trial, and ensure you understand the financial terms and any potential consequences upon conviction.