Practice area – Assault & ADW
Charged with assault or ADW in Riverside County?
Simple assault, battery, ADW, great bodily injury enhancements. The lines between misdemeanor and felony – and between defensible and not – matter enormously.
Available 24/7
What you’re facing
Assault and battery charges range from misdemeanors to Strike Offenses. Simple assault (PC 240): up to 6 months county jail. Battery (PC 242): up to 6 months. Assault with a Deadly Weapon (PC 245(a)(1)): a wobbler. Felony version: 2, 3, or 4 years state prison. Great Bodily Injury enhancement (PC 12022.7): adds 3-6 years. Felony ADW is a Strike Offense.
Defenses I build
Assault and ADW cases hinge on self-defense, mutual combat, identification, the nature of any weapon used, and the seriousness of any injury. I challenge identification through eyewitness reliability, video, and forensics. I argue self-defense and defense-of-others where the facts support it. I work to keep wobbler ADW charges at misdemeanor level – which preserves gun rights and avoids a strike. My recent results include two ADW with Great Bodily Injury cases beaten outright at trial – both Placeholder verdicts.
Assault & ADW Case Results
Charged With
Case result available on consultation
Outcome
NOT GUILTY
Assault – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
NOT GUILTY
Assault – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
Assault – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
Assault – Riverside Co.
Charged With
Attempted Murder + Firearm + Gang – Facing Life
Outcome
12 Years
Assault – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
Assault – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
Assault – Riverside Co.
Common Questions
What is the difference between assault and battery?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
What makes ADW a wobbler? When does it become a felony?
ADW (PC 245(a)(1)) is always wobbler – chargeable as misdemeanor OR felony at the prosecutor’s discretion. Factors that push it toward felony: the type of weapon, the severity of injury, the relationship between parties, the defendant’s prior record. The felony version is a Strike Offense and carries 2-4 years state prison plus great bodily injury enhancements. Getting an ADW reduced to misdemeanor is often the single most important outcome in these cases.
Can I claim self-defense?
California recognizes self-defense if you reasonably believed you were in imminent danger of suffering bodily injury, you used no more force than reasonably necessary, and you were not the initial aggressor (with limited exceptions). ‘Imperfect self-defense’ – honest but unreasonable belief – can reduce murder to manslaughter but does NOT acquit you of assault. Self-defense is fact-intensive. Witnesses, video, and prior conflict history all matter.
Types of Assault & Battery Charges I Defend
Assault and battery appear in many forms. The classification matters enormously for exposure, gun rights, and strike status.
Simple Assault (PC 240)
Unlawful attempt with present ability to commit violent injury. Misdemeanor.
Battery (PC 242)
Any willful and unlawful use of force on another. Misdemeanor.
Battery with Serious Bodily Injury (PC 243(d))
Wobbler. Felony version: 2, 3, or 4 years.
ADW with Deadly Weapon (PC 245(a)(1))
Wobbler. Felony version is a Strike Offense. 2-4 years.
Assault by Means Likely to Produce GBI
Subset of PC 245. Same penalty range.
Assault with a Firearm (PC 245(a)(2))
Always felony. 2, 3, or 4 years state prison. Strike Offense.
Battery on a Peace Officer (PC 243(b)/(c))
Wobbler. Felony version: up to 3 years.
Domestic Battery (PC 243(e)(1))
Misdemeanor. Mandatory batterer’s program. Affects gun rights.
Corporal Injury to Spouse (PC 273.5)
Wobbler. Felony: 2-4 years. Plus GBI enhancements.
GBI Enhancements and the Strike Question
The single biggest swing in an assault case is whether Great Bodily Injury (GBI) gets attached. GBI (PC 12022.7) adds 3-6 years of additional prison time and makes the underlying charge a Strike Offense. Key factors:
- GBI requires ‘significant or substantial physical injury’ – beyond minor or moderate
- Whether GBI applies is often hotly contested – it depends on medical evidence and severity standards
- A defense win on the GBI allegation often takes the strike off the table even if the underlying charge stands
- Felony ADW + GBI carries 5-10 years; the same conviction as misdemeanor ADW + no GBI may carry county time only
- The classification affects probation eligibility, gun rights, and future case exposure
Two of my recent trial wins involved ADW with Great Bodily Injury charges – both resulted in NOT GUILTY verdicts. The cases were defensible because the prosecution evidence on the GBI element was weaker than the charging document suggested.
