What Happens When You Press Charges for Assault and Battery?

Assault and battery are serious criminal offenses in California, and deciding to press charges is not a decision to take lightly. Whether you’re the victim of an altercation or someone looking to understand the legal process, it’s important to know what actually happens once assault and battery charges are filed.

These cases can move quickly—and they often have long-term consequences for everyone involved. From police investigations to court appearances, the process can be complex, emotional, and sometimes unpredictable. If you’re involved in such a case, it’s essential to work with a knowledgeable assault and battery lawyer or Northern California criminal defense attorney to ensure your rights are protected at every stage.

In California, assault and battery are two separate offenses that are often charged together:

• Assault is defined as the unlawful attempt, coupled with the present ability, to commit a violent injury on another person.
• Battery involves the actual use of force or violence against another person, even if the injury is minor.

You don’t need to be injured for someone to be charged with assault or battery—just the threat or act of unwanted physical contact can be enough to trigger criminal charges.

If you’re the victim of an assault or battery, you don’t technically “press charges” in California. Instead, you report the incident to law enforcement, and the state decides whether to file charges. Once a report is made:

Officers may take statements, gather evidence (like surveillance footage or medical reports), and interview witnesses. If they believe there is probable cause, the suspect may be arrested or cited.

The district attorney (DA) will review the evidence and decide whether to file formal charges. This decision is made independently of the victim’s wishes. Even if the victim later asks to drop the charges, the DA can still proceed if they believe a crime occurred.

Once charges are filed, the accused will be given a court date for arraignment, where they are formally charged and enter a plea. Depending on the severity, the case may be a misdemeanor or felony, which affects the potential penalties.

If you’re the accused, contacting a criminal attorney near me as early as possible is critical.

Assault and battery charges can result in:

• Jail or prison time
• Fines and restitution
• Probation
• Restraining or protective orders
• Mandatory anger management or counseling
• A permanent criminal record

Aggravating factors—such as using a weapon, causing serious injury, or assaulting a protected class (like a police officer or domestic partner)—can lead to felony charges and more severe consequences. That’s when you’ll need support from experienced felony lawyers near me or a domestic assault lawyer , depending on the circumstances.

Many assault and battery charges stem from disputes between partners, spouses, or family members. In these situations, the case may be classified as domestic violence , triggering stricter penalties and automatic protective orders.

If you’re facing these types of accusations, you’ll need a defense attorney who understands the nuances of both assault law and domestic violence cases. Domestic Assault and Battery Defense in Northern California requires a focused approach that accounts for the emotional complexity and potential legal overlap with family law, child custody, and restraining orders.

One of the most common misconceptions is that victims can choose to “drop charges” after pressing them. In California, once charges are filed, only the district attorney has the authority to dismiss them. Even if a victim recants or no longer wants to participate, the prosecution can proceed using other forms of evidence, including police statements and medical records.

That’s why it’s important for both victims and the accused to understand the seriousness of the process and to consult with criminal defense lawyers near me or legal advocates for guidance.

If you or a loved one has been charged with assault and battery, a strong legal defense can make all the difference. Depending on the case, your attorney might pursue one of the following strategies:

• Arguing self-defense or defense of others
• Challenging the credibility of the accuser
• Demonstrating lack of intent or accidental contact
• Providing evidence of false accusations
• Negotiating a reduction in charges or alternative sentencing

Working with a seasoned Northern California criminal defense attorney ensures your side of the story is heard and that you receive fair treatment throughout the legal process.

In some cases, especially those involving alcohol or drugs, defendants may also benefit from the guidance of a DWI lawyer , drunk driving lawyer , or drug defense lawyers near me if additional charges are involved.

Whether you’re the one facing charges or someone navigating the system after reporting an incident, having the right legal support matters. Finding a Top Criminal Defense Attorney in Northern California can give you the resources, insight, and strategy you need to protect your rights and your future.

Assault and battery cases are rarely straightforward. They often involve conflicting stories, emotional tension, and high-stakes consequences. That’s why it’s so important to have experienced legal representation that knows how to handle complex situations with clarity and care.

If you’re involved in an assault or battery case—either as a victim or as someone accused—don’t leave the outcome to chance.

Call 530-241-2734 today or send a message to connect with a trusted criminal defense attorney in Northern California. Whether you’re seeking justice or defending your freedom, we’re here to guide you every step of the way.

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