Los angeles defense attorneys

Aggravated Assault Defense Attorney in Los Angeles

Former Prosecutor, 33 Years of Experience. Built for PC 245 Defense.

An aggravated assault charge under California Penal Code 245 carries felony-level exposure, and the decisions made in the earliest days of your case shape everything that follows. Your freedom, finances, and long-term future are at stake. Effective defense requires counsel who understands the California Penal Code inside and out, knows Los Angeles courtroom procedure, and has real experience both negotiating deals and winning at trial.

At Stein & Markus, our aggravated assault defense attorneys bring something most firms can’t offer: direct knowledge of how the Los Angeles County District Attorney’s Office builds these cases. Joseph A. Markus spent 33 years prosecuting violent crimes in Los Angeles and Orange County before joining the defense side. That perspective shapes every strategy we develop for clients charged with aggravated assault in Los Angeles.

About Stein & Markus

Stein & Markus is a client-focused criminal defense firm with offices in Bellflower, Manhattan Beach, and Santa Monica. Established in 2019, we’ve built a track record defending clients against serious criminal charges throughout Los Angeles. Andrew M. Stein has defended hundreds of clients in criminal cases across the region. Joseph A. Markus brings 33 years of prosecutorial experience in Los Angeles and Orange County, giving our defense team firsthand knowledge of how prosecutors approach aggravated assault and battery charges. Together, they handle both state and federal criminal charges across more than a dozen areas of criminal defense law. We’re available 24/7 and offer services in Spanish.

Assault & Aggravated Assault Under California Law

Assault and battery are frequently charged together, but they carry distinct meanings under California law. Assault is the unlawful attempt to cause harm, and it can be charged without any physical contact between the parties. Battery requires actual physical, willful contact, and even a slight or offensive touching can qualify. Because the charges have different elements, the prosecution must prove different facts for each. Your defense attorney needs a precise understanding of both to challenge the charges effectively.

When Simple Assault Becomes Aggravated Assault

Simple assault involves an attempt to use force where the intended injury is relatively minor. That charge escalates to aggravated assault once a deadly weapon enters the picture, combined with the intent and present capacity to cause bodily injury. The stakes rise sharply at that point.

Aggravated assault is a wobbler offense, meaning the prosecution has discretion to charge it as a misdemeanor or a felony depending on the specific facts. Compared to simple assault, an aggravated charge carries potential jail time up to eight times greater and a maximum fine rising from $1,000 to $10,000. A felony conviction reaches further: it can affect your employability, your voting rights, and for non-citizens, your immigration status. The gap between a well-prepared defense and a poorly prepared one can mean the difference between those two outcomes.

California Penal Codes That Apply to Aggravated Assault

California law defines several forms of aggravated assault, each with its own penalties:

PC 245(a)(1) – Assault with a deadly weapon other than a firearm
PC 245(a)(2) – Assault with a firearm
PC 245(a)(4) – Assault by means of force likely to produce great bodily injury
PC 244 – Assault with caustic chemicals, covering vitriol, corrosive acid, flammable substances such as gasoline, and caustic chemicals of any nature

Courts assess how an object was used, not solely what it was, when determining whether it qualifies as a deadly weapon under PC 245. Enhanced penalties apply when the assault involves a machine gun or assault weapon, and penalties are significantly stiffer when the alleged victim is a peace officer or firefighter. A great bodily injury enhancement can add prison time on top of the base sentence, making the charge even more consequential.

If you’ve been charged with aggravated assault in Los Angeles, don’t wait to get counsel involved. Call (562) 512-7030 to speak with our defense team now.

SCHEDULE A CONSULTATION

Request a Consultation Fill Out the Form Below to Get Started

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Stein & Markus at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Legal Defenses for Aggravated Assault Charges

When you’re arrested and charged, it can feel like the system is already working against you. It isn’t over. The burden of proof falls entirely on the prosecution, who must prove guilt beyond a reasonable doubt. Having Joseph A. Markus on your defense team means we understand exactly how prosecutors build an aggravated assault case, because he spent 33 years doing it in Los Angeles and Orange County. Our criminal defense attorneys assess every fact in your case to identify the strongest path forward.

Defense strategies we evaluate for every aggravated assault case include:

Self-defense or defense of others. If you used reasonable force to protect yourself or someone else from an immediate threat, that conduct isn’t unlawful. This is one of the most commonly applied defenses in aggravated assault cases where physical contact isn’t disputed.
Lack of willful intent. Intent is a required element of assault. An accident, particularly one absent negligence, can’t support a conviction regardless of the harm caused.
Lack of present ability. Aggravated assault requires both intent and the present ability to cause injury. If a firearm involved in the incident wasn’t loaded, for example, the capacity to cause great bodily injury may be insufficient to sustain the charge.
False or exaggerated charges. No crime occurred, the accuser misrepresented events, or the evidence is insufficient to meet the prosecution’s burden. A lack of witnesses or physical evidence can be a powerful tool in establishing reasonable doubt.

Aggravated assault charges often carry a domestic violence component that raises the stakes significantly. The consequences in those situations extend beyond criminal penalties into custody rights, firearms rights, and more.

Domestic Violence & Aggravated Assault

Domestic violence is treated harshly in the California justice system. Violence within a household is serious, and unraveling what actually happened is rarely straightforward. We have experience navigating the additional challenges a sympathetic accuser creates in Los Angeles courts. Addressing the role of public opinion in a case is essential. We can advocate for your side of the story and work to protect your right to a fair day in court.

California law can mandate jail time for domestic abuse convictions, require payment of victim restitution, and typically requires enrollment in a batterers’ program. If children are involved, a conviction can result in termination of custody rights. A domestic violence conviction also permanently strips your Second Amendment right to own firearms in California, with no meaningful path to restoration.

Immigration Consequences of an Aggravated Assault Conviction

For non-U.S. citizens, an aggravated assault conviction carries consequences that extend well beyond criminal penalties. A conviction can result in deportation and a finding of inadmissibility, making return to the United States impossible. The specific outcome depends on the charge, the facts in the record of conviction, and the sentence imposed. Immigration consequences for violent crimes are among the most severe in the system. If you aren’t a U.S. citizen, involving legal counsel as early as possible isn’t optional.

Continue Reading Read Less

Protecting Your Rights & Building Your Defense

What you do in the hours and days after an aggravated assault charge can significantly affect your case. From your first contact with police to decisions about plea arrangements, every step matters.

Know Your Rights Before You Say Anything

If police want to question you about any altercation that could result in an assault charge, don’t answer questions without a lawyer present. If you aren’t under arrest, you have no obligation to provide any explanation at all. If you are placed under arrest, you must be properly Mirandized and advised of your right to remain silent. Use it.

This is especially critical at the scene of an altercation, where emotions run high and words spoken in the moment can become evidence at trial. Discussing the incident with police without a Los Angeles criminal defense attorney present is a mistake that can follow you through the entire case.

When to Make a Deal

We are aggressive advocates for our clients, and we don’t see only one path forward. Our experience allows us to explore beneficial plea arrangements while maintaining the credible threat of an effective courtroom defense. A charge that enters as a felony aggravated assault can sometimes be negotiated to a misdemeanor or resolved with a plea to simple assault, depending on the facts and leverage available.

We’ll never make that decision for you. There are real considerations on both sides: avoiding a felony conviction, limiting the impact of a trial on you and your family, and weighing a known deal outcome against the uncertainty of a verdict. We walk clients through these choices based on what is best for them, not what is most convenient for our firm.

Why Representation Matters in Aggravated Assault Cases

The outcome of an aggravated assault case depends less on abstract legal knowledge and far more on how counsel interprets the law against the specific facts in front of them. Andrew M. Stein has defended hundreds of clients in Los Angeles courts. Joseph A. Markus spent 33 years prosecuting cases in Los Angeles and Orange County before bringing that experience to the defense table. Both attorneys are recognized within the legal community and have contributed to the development of criminal law. Stein & Markus handles more than a dozen areas of criminal defense, from DUI defense to homicide. An aggravated assault charge is too serious to risk on counsel whose experience doesn’t measure up.

Schedule a Free Consultation for Aggravated Assault Defense in Los Angeles

The early days of a criminal investigation, especially immediately after charges are filed, can set the tone for the entire case. At Stein & Markus, we see more than the allegations in front of us. We see you, the client, and we can be relentless advocates for you throughout the process. Take a look at the words of clients whose lives have been impacted by our work.

If you’re under investigation or have been charged with aggravated assault in Los Angeles, Stein & Markus is ready to meet with you, explain your legal rights, and start building a defense. Call (562) 512-7030 or contact us online to arrange a free consultation today.

Continue Reading Read Less

Why Choose Stein & Markus?

What Makes Us Different

Work with a Former Prosecutor
Our prosecutor turned defense attorney is ready to protect you!
Hablamos Español
Work with a criminal defense attorney who speaks your language.
24/7 Help Available
Whenever you need our lawyers, we're here to help you.

Our Satisfied Clients Read What They Say About Us

"Amazing work, I wouldn’t trust anyone else."
- Suzi S.

All Reviews