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Last Modified on Feb 18, 2026
Being arrested for assault or battery can be frightening. From the time of your arrest until your trial begins, knowing what to do after an assault or battery arrest in Calabasas can make a critical difference in protecting your rights, freedom, and future against California’s strict penalties.
Understanding Your Assault or Battery Charges
Over 200,000 people were arrested for assault in California over the last five years. Assault describes causing fear or apprehension of imminent violence, whether through threatened or attempted violence. Battery involves the use of violence to harm someone. In many cases
Both assault and battery charges can be simple or aggravated. Simple assault or battery charges involve no significant injury or weapon and are misdemeanor offenses. Aggravated charges are more serious, often involving the use of a deadly weapon or causing serious bodily harm. Aggravated assault or battery can be a misdemeanor or a felony.
Penalties You May Face for Assault or Battery Charges
The penalties for assault or battery can be severe and vary depending on the situation. Over 12,000 law enforcement officers are assaulted a year in California, which may have increased penalties since they are public officials. Additional charges, such as domestic violence, use of a weapon, serious bodily injury, or if it was against a public official, can all increase the penalties. Generally, for a simple assault or battery charge, penalties include:
- A fine of up to $1,000 for assault and up to $2,000 for battery
- Up to 6 months in jail
Why You Should Hire an Assault Lawyer When You Are Arrested
The first step after an assault or battery arrest is to hire a sex crime lawyer in Los Angeles. A lawyer who knows California’s assault and battery laws can protect your rights and start building a defense as early as an arrest. A lawyer’s guidance can identify your next steps, helping you feel more confident when dealing with assault or battery charges.
Law enforcement can use anything that you say and do against you, so acting without legal counsel can lead to additional charges and unintentionally provide self-incriminating evidence. Request a Calabasas battery lawyer as soon as you can after being arrested, as you are entitled to legal representation when communicating with law enforcement.
What Happens During Arraignment
Your arraignment is the first official court proceeding for your Calabasas assault case. Several things happen during an arraignment, including:
- The judge reads the charges against you
- The judge either sets bail or releases you on your own recognizance
- Court dates are scheduled
- You enter an initial plea of guilty, not guilty, or no contest
Your lawyer can advise you on what to plead at this stage. In most cases, a lawyer recommends pleading “not guilty” because it allows time to present evidence and build a defense.
What to Expect From the Pre-Trial Phase
The pre-trial phase is the time before your trial or plea negotiations, during which your attorney can conduct an investigation and build your defense. During this phase, your lawyer can develop a defense strategy by:
- Gathering evidence such as security footage, medical records, police reports, or interviewing witnesses
- Consulting professionals whose testimony supports their defense
- Filing a motion to suppress illegally obtained evidence, preventing it from being used against you
- Filing a motion to dismiss charges based on insufficient evidence to prove your guilt
Resolving Your Charges Through a Plea Negotiation or Trial
After the pre-trial phase, your lawyer is prepared to represent you as your case is resolved. Your lawyer can negotiate outcomes such as diversion programs, sentences without jail time, reductions from a felony to a misdemeanor, or dismissal of charges.
In California, fewer than 2% of felony cases reach trial, with most resolved through plea agreements. In a plea bargain, you can plead guilty to lesser charges in exchange for a lighter sentence. If a plea bargain does not resolve your case, it can advance to trial. Your lawyer can ensure you understand their defense strategy and any courtroom procedures.
FAQs About What to Do After an Assault or Battery Arrest in Calabasas
Can You Be Charged With Assault and Battery?
Yes, you can be charged with both assault and battery. Since assault is the attempt or threat to cause harm, it often leads to physical harm when an attempt is successful or a threat is followed through, which can lead to battery charges. Generally, this would result in greater penalties than a single assault or battery charge.
What Is the 48-Hour Rule for an Arrest?
The 48-hour rule protects your right to a speedy trial by requiring that you be charged and arraigned within 48 hours of being arrested. The 48-hour period excludes Sundays, holidays, and days when the court is not in session. If this deadline isn’t met, you can be released with a later court date.
What Happens When You Are Arrested?
After an arrest, you will be transported to a police station for booking. During booking, law enforcement can collect photographs, fingerprints, and basic personal information. They may interview you about what occurred, though it is wise to remain silent until your lawyer is present. You can be held in custody at least until bail is set or until your arraignment.
What if You Acted in Self-Defense?
If you were charged with assault or battery after acting in self-defense, a lawyer can help you defend against a conviction. By proving that you did not willfully attempt or succeed in causing harm to someone, and did not provoke them, your lawyer can negotiate for dismissal of your case.
Contact a Calabasas Assault Lawyer Today
If you have been arrested for assault or battery, contacting a lawyer should be your first step. By providing advice during the arrest, investigating your case, and building a defense for trial, a lawyer can negotiate for a reduced penalty on an assault or battery charge.
The Law Offices of James E. Silverstein have over 20 years of criminal defense experience in both state and federal courts. Contact us today for a free initial consultation to learn how an experienced assault attorney can help you after an arrest.
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