Assault and Battery Defense Attorney in Van Nuys

Assault and Battery Defense Attorney in Van Nuys

You got arrested for assault or battery in Van Nuys — maybe a bar fight on Van Nuys Boulevard, maybe a domestic incident, maybe road rage on the 405. The LAPD arrested you and now you have a court date at Van Nuys Courthouse East at 14400 Erwin Street Mall. You’re scared about jail time, your criminal record, losing your job, and you’re wondering what actually happens next and whether you need a lawyer.

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling criminal cases nationwide. Here’s what actually happens to you in the next 48 hours to six months at Van Nuys Court, what choices you face, what outcomes you’re realistically looking at, and why Van Nuys Courthouse East is different from every other criminal court in Los Angeles County.

What Happens at Van Nuys Court

If you’re in custody your arraignment happens within 48 hours, if LAPD cited you out you show up on your court date, either way expect to wait 2-4 hours in a crowded courtroom because Van Nuys Courthouse East processes over 10,000 criminal cases annually making it one of the busiest criminal courthouses in LA County, you’ll go through metal detectors at the Erwin Street entrance, sit in a packed courtroom with 50-100 other defendants waiting for your case to be called, and when the judge finally calls your name and reads the charges you’re facing California Penal Code § 240 (simple assault) which carries up to six months county jail and $1,000 fine or California Penal Code § 242 (simple battery) which carries up to six months county jail and $2,000 fine, and if you caused serious injuries to the alleged victim you’re looking at California Penal Code § 243(d) (battery with serious bodily injury) which is a wobbler meaning it can be charged as a misdemeanor (up to one year county jail) or a felony (two, three, or four years state prison) depending on how badly the person was hurt and whether you have any prior criminal history, and if you used any kind of weapon — a bottle from the bar, a baseball bat, a heavy object, even your car if you hit someone with it — you’re facing California Penal Code § 245(a)(1) (assault with a deadly weapon) which is another wobbler with the same two/three/four year prison range and counts as a strike under California’s Three Strikes Law. The judge asks you to enter a plea: Guilty, Not Guilty, or No Contest, and if you plead Not Guilty the case moves to pretrial hearings over the next two to six months where your attorney negotiates with the LA County District Attorney’s Van Nuys office prosecutor assigned to your case, discovery gets exchanged which means police reports, witness statements, security camera footage from Van Nuys businesses on Van Nuys Boulevard, and this is where knowing the Van Nuys DA office matters because they have specific tendencies that differ from Downtown LA or Compton — they’re aggressive on domestic violence cases meaning they will prosecute even if the victim recants or refuses to cooperate because California has a mandatory prosecution policy for domestic violence, but they’re willing to negotiate on bar fights and mutual combat situations, they often reduce simple battery to disturbing the peace under California Penal Code § 415 if there are no serious injuries and you have no prior criminal record, and video evidence matters enormously in Van Nuys cases because Van Nuys Boulevard bars and restaurants have security cameras everywhere, cell phones record everything, and if the video shows mutual combat — both of you fighting, both throwing punches — then the DA needs to prove beyond a reasonable doubt that you were the initial aggressor and weren’t defending yourself, which brings us to your three choices.

Self-Defense, Plea Bargain, or Trial

Self-defense is the most common defense to assault and battery charges. Under California law and CALCRIM 3470 jury instructions, you have the right to use reasonable force if: (1) you reasonably believed you were in imminent danger of suffering bodily injury, (2) you reasonably believed immediate use of force was necessary to defend against that danger, and (3) you used no more force than was reasonably necessary. The prosecution must disprove self-defense beyond a reasonable doubt — you don’t have to prove it.

Van Nuys examples: You’re at a bar on Van Nuys Boulevard and another patron swings at you first — you punch back. That’s self-defense. Domestic incident where your partner attacks you and you push them away — that’s self-defense. The problem is prosecutors argue you used excessive force or weren’t actually in danger. Video evidence, witness testimony, and your attorney’s cross-examination become critical.

Plea bargaining is the most common outcome. For first-offense misdemeanor battery with no serious injuries, Van Nuys judges typically impose three years summary probation (85% of cases), 0-30 days LA County Jail (often suspended if you complete probation), 52-week anger management classes ($1,500-$2,500), fines of $500-$1,500 plus court fees, restitution for victim’s medical bills, and a protective order if domestic violence. You avoid jail if you stay out of trouble during probation.

For first-time misdemeanors, pretrial diversion under California Penal Code § 1001.95 is possible — complete programs, stay out of trouble for six to 24 months, charges dismissed. Not available for domestic violence, sexual assault, elder abuse, or child abuse.

Going to trial is your constitutional right, but it comes with risk. If you’re convicted at trial, Van Nuys judges impose harsher sentences than if you’d taken a plea bargain. The DA must prove guilt beyond a reasonable doubt — a higher standard than probable cause. Trials get scheduled six to 12 months after arraignment. If you win, the case is over. If you lose, you’re facing the high end of the sentencing range.

What You’re Actually Facing

Forget the abstract statutory maximums. Here’s what Van Nuys judges actually impose.

Misdemeanor battery (California Penal Code § 242) with a plea bargain gets you three years summary probation in 85% of first-offense cases. You serve zero to 30 days LA County Jail, usually suspended. You pay $500-$1,500 in fines plus court fees. You complete 52 weeks of anger management classes at your own expense ($1,500-$2,500). You pay restitution to cover victim’s medical bills. If it’s domestic violence, the judge issues a protective order and you lose gun rights for 10 years under California law.

Felony battery with serious bodily injury (California Penal Code § 243(d)) plea bargains get two years state prison (often suspended for county jail) plus five years formal probation. Restitution for victim’s medical bills can reach $10,000-$100,000+. Trial convictions result in three to four years state prison, serving 85% under California Penal Code § 2933.1.

Assault with a deadly weapon (California Penal Code § 245(a)(1)) is a strike under California’s Three Strikes Law. Plea bargains: two to three years state prison. Trial convictions: three to four years plus great bodily injury enhancements. You lose gun rights permanently.

Beyond jail time, you’re facing a permanent criminal record. Misdemeanor convictions show up on background checks. Felony convictions mean you can’t vote while in prison, can’t own firearms, professional licensing boards can suspend your license, and landlords will deny rental applications. Restitution survives bankruptcy — it follows you for decades.

Why Van Nuys Is Different

Van Nuys Courthouse East handles criminal cases for Van Nuys, North Hills, Panorama City, Reseda, Canoga Park and Woodland Hills. Arraignment calendars are backed up — you wait three to five hours. The Van Nuys DA office is more willing to negotiate than Downtown LA or Compton DA offices. But specific judges matter. Some Van Nuys judges are known for harsh sentences — Departments 102 and 109. Others are more lenient — Departments 107 and 111. If your attorney knows which department you’re assigned to and that judge’s sentencing tendencies, you have an advantage.

Van Nuys jury pools are drawn from the San Fernando Valley — more conservative than West LA juries, more liberal than Lancaster juries. Common Van Nuys assault and battery scenarios include bar fights on Van Nuys Boulevard’s nightlife district, domestic violence in high-density apartments where neighbors call 911, road rage on the 405 and Sepulveda during traffic congestion, and retail disputes.

Constitutional issues matter. Fourth Amendment: Did LAPD have probable cause to arrest you? Should evidence be suppressed? Sixth Amendment: California Penal Code § 1382 requires trial within 60 days if in custody, 45 days if out on bail — Van Nuys Court’s crowded docket often violates this. Due process: “Willful” and “present ability” are vague terms prosecutors exploit to charge felonies when misdemeanors are appropriate, coercing plea bargains.

Spodek Law Group has handled federal and state criminal cases for, many, many years — the Anna Delvey case that became a Netflix series, Ghislaine Maxwell juror misconduct litigation. We understand how prosecutors think and how judges rule. Call 212-300-5196.