Riverside:

(951) 667-5293

Orange County:

(714) 758-5293

who you hire can make all the difference

Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.

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  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

  • a true passion for defending the accused

    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

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Riverside Assault Attorney

Assault and battery can be a devastating crime, and accusations of assault can result in serious fines, jail time, and other penalties. Without a Riverside assault attorney, it can be difficult to defend yourself against such charges; the primary aggressor is not always who it appears to be, and police generally arrest the person who looks like the aggressor.

Accusations of assault and battery can ruin your reputation and decrease your chances for a normal life. If you face an indictment of assault and battery, know the specific accusation. Then speak to a Riverside assault lawyer as soon as possible to prepare a skilled defense. If you face accusations in Riverside or Orange County, the Law Offices of Graham D. Donath, APC can advise you.

Legal Differences Between Assault and Battery in CA?

Under the California penal code, a person who has committed assault intentionally attempted to physically injure the victim or made a threatening act or statement, causing the victim to believe he or she was about to be attacked. Assault does not have to involve physical contact.

In contrast, battery is the intentional and unlawful use of force against another person. Battery may or may not involve threats that led the victim to believe he or she faced attack. Under California law, assault and battery can be a misdemeanor or a felony; they “wobble” based on the severity of the crime and the prosecution’s discretion.

Types of Assault and Battery

Whether you face felony or misdemeanor charges depends on the type of assault or battery. Whether the charge is a felony or misdemeanor will also influence sentencing. For example, if you punch someone during a heated argument, it is simple assault. Additionally, you could be charged with simple assault if you threaten to attack someone and act in such a way that shows you intended to carry out your threat; for example, threatening to hit a coworker with a stapler while brandishing the stapler over your head.

The victim’s identity is crucial. Many professions carry the risk of simple assault; for example, doctors and nurses face this frequently, especially in the emergency room. However, the penalty would be stiffer if you assault a doctor, nurse, or police officer than it would be if you assaulted a coworker. Severe penalties exist for assaulting teachers and school administrators, as well.

Simple battery is the most straightforward example of this type of crime. It includes punching someone, otherwise physically injuring them, or hitting them with a small object. Unlike assault, the mere threat to attack someone does not constitute battery. Again, the victim’s identity will influence the charges you face. Punishments are more severe if the victim is:

  • An intimate partner or family member (this is considered domestic violence battery)
  • A disabled adult
  • An elderly person
  • Any school employee
  • Any sports official performing during a sporting event
  • Anyone on school or hospital grounds or in a public park
  • Anyone on public transit property or in a public transit vehicle

Penalties for Riverside Assault and/or Battery Crimes

The punishment for assault and battery varies depending on the type you are charged with and against whom you allegedly committed the crime. Punishment can include fines of up to $1,000 or $2,000 if the alleged victim issued parking tickets, as well as up to a year in jail and probation lasting six months to one year. However, a skilled Riverside assault attorney can help to clear your name, and record, all together.

What is PC 245(a)(4): Assault by Means of Force/ Great Bodily Injury?

Penal Code 245(a)(4) is the most common form of felony assault in Riverside County, CA. To be charged with assault by force or great bodily injury, the injury mast be significant and substantial, meaning greater than minor or moderate harm.

To prove a defendant guilty, the prosecutor must prove five things:

  • That the defendant did an act that by its nature would directly and probably result in the application of force to a person;
  • The force used was likely to produce great bodily injury
  • The defendant did that act willfully;
  • When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone;
  • When the defendant acted, he/she had the present ability to apply force likely;
  • The defendant did not act in self defense or defense of someone else.

How to Hire a Riverside Assault Lawyer

Riverside battery and assault attorney Graham Donath and his team have years of experience defending felonies, misdemeanors, and cases that tend to “wobble.” Contact us, and bring any documents, photos, or other physical evidence to your appointment that could prove you did not commit the crime. Write down any questions you have, and be prepared to ask them during our free consultation.

 

“The service was unparalleled to any other I have experienced. He took care of everything and I never had to miss a day of work! I would recommend him to anyone who is in need of legal services. Polite, professional & gets the job done…” – Criminal Defense Client