Assault & Battery

Assault and Battery Attorney; Marin County, San Rafael & all CA

Novato CA Criminal Defense Lawyer – Protecting Your Rights & Future

If you have been arrested for Assault or Battery, you likely have many questions about what will happen next and the possible consequences if you are convicted. Battery is defined under California law (Penal Code 242) as the willful use of force or violence on another person. Any physical contact with another person who did not consent can be charged as battery. Assault is defined under California law (Penal Code Section 240) as an attempt to commit battery.  Depending upon the specific facts of your case, such as the other person being a police officer, firefighter, etc. or the use of a weapon, the District Attorney may file misdemeanor or felony charges against you.  In some very serious instances, the felony charged may even be considered a “strike” under California law.

With experience not only as a defense attorney but also as a former Marin County Deputy District Attorney, I, Ryan Albaugh, have the experience and specific knowledge of the law and system needed to defend you.  I take protecting your rights seriously and employ a comprehensive and aggressive approach to defending you against assault and battery charges.

Marin County Assault & Battery Attorney – Taking Our Defense on the Offensive

Rather than sit back and allow the prosecutor to build their case against you, as your attorney I take the offensive with our case. I immediately start a thorough investigation into the facts and circumstances of your arrest. As a former prosecutor, I understand that the role of the District Attorney’s Office is to convict you. By obtaining copies of the documentary evidence, including police reports, charging affidavit, any transcripts of 911 calls, and witness affidavits, I can review the conduct of law enforcement officers and the “victim” and discuss with you those facts that may be missing, inaccurate or falsely recorded in the reports. I search for anything that can be used to fight the charges against you.  Such facts or circumstances can include:

  • Does the “victim” have a reputation or history of being violent?
  • Did the “victim” provoke you?
  • Were you acting in self defense or the defense of another?
  • Was your “touching” or “attempted touching” accidental?
  • Did you even have the ability to use physical force on the “victim”?

By quickly and aggressively investigating our case I maximize the chances of obtaining the best result possible.

Assault and Battery Conviction Penalties Can Have Far Reaching Effects

The serious penalties, such as prison time, a conviction for felony battery or assault with a deadly weapon charges can bring are obvious.  However, many people believe they will receive a slap on the wrist if convicted of a misdemeanor assault or battery.  In fact, this is completely untrue. Even the most minor assault or battery conviction can leave a lasting mark on your record, making it difficult for you to gain employment, rent a home or find funding for college. Don’t risk your future by taking on the justice system alone.  As an experienced criminal defense lawyer, I take protecting your rights and future seriously and will work hard to put forth the best defense possible.

If you or a loved one is facing assault or battery charges in Novato or Marin County, call me at 415-578-7374 or e-mail me today for a free initial consultation.