Arrested for Assault in California? Here’s What Happens Next

That moment when handcuffs click around your wrists after an assault allegation changes everything. Suddenly, you’re facing the California criminal justice system, uncertain about what happens next, and worried about your future.

If you’ve been arrested for assault in California, understanding the legal process ahead can help you make better decisions and reduce some of the anxiety you’re feeling. While each case is different, knowing the typical timeline and what to expect at each stage gives you power during a time when you might feel powerless.

What Happens Immediately After Being Arrested for Assault

When you’re arrested for assault in California, the clock starts ticking on a series of legal deadlines:

The 48-Hour Rule

Under California law, you must be charged and arraigned within 48 hours of your arrest, excluding Sundays and holidays. If the court isn’t in session when this timeframe expires, it extends to the next judicial day.

If prosecutors miss this deadline, you may be released with a citation to appear in court later, but this doesn’t mean your case disappears. Your attorney can use this procedural error to your advantage, but the charges can still proceed.

Booking Process

After arrest, you’ll be transported to a local police station or county jail, where you’ll be:

• Photographed
• Fingerprinted
• Asked for basic personal information
• Potentially interviewed by law enforcement (remember your right to remain silent)
• Held until bail is set or until your arraignment

Bail Determination

Depending on the severity of the assault allegations, bail will be set according to the county’s bail schedule or determined by a judge at your arraignment. For simple assault under Penal Code §240, bail typically ranges from $1,000 to $10,000, but can be much higher for assault with aggravating factors.

What Counts as Assault Under Penal Code §240

California Penal Code §240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.” Notice that no physical contact is required—assault is essentially an attempted battery that didn’t necessarily succeed.

Your arrest might be based on:

• A warrant issued after investigation
• Probable cause at the scene
• Witness statements
• Video evidence
• Visible injuries to the alleged victim

Just because you’ve been arrested doesn’t mean the case is lost. Probable cause (the standard for arrest) is a much lower bar than “beyond a reasonable doubt” (the standard for conviction).

The Arraignment is Your First Court Appearance After an Assault Arrest

Your arraignment is the first formal court proceeding after being arrested for assault, and it’s more important than many people realize:

What Happens at Arraignment

• The judge formally reads the charges against you
• You enter an initial plea (your attorney will typically advise pleading “not guilty” at this stage)
• The judge sets bail or releases you on your own recognizance
• Future court dates are scheduled

Misdemeanor vs. Felony Determination

At this point, the District Attorney will have decided whether to charge your assault case as a misdemeanor or felony, based on:

• Severity of any injuries to the alleged victim
• Whether a weapon was used
• Your criminal history
• Other aggravating or mitigating factors

This distinction is crucial—felony assault carries potential state prison time, while misdemeanor assault is punishable by up to six months in county jail.

The Preliminary Hearing (Felony Cases Only)

If you’re facing felony assault charges, your case will include a preliminary hearing—essentially a “mini-trial” where the prosecution must demonstrate they have enough evidence to proceed to trial.

Purpose of the Preliminary Hearing:

• The prosecution presents evidence and witness testimony
• Your attorney can cross-examine witnesses
• The judge decides if there’s “probable cause” to believe you committed the crime

Potential Outcomes:

• Charges could be dismissed if evidence is insufficient
• Felony charges could be reduced to misdemeanors
• The case proceeds to trial if the judge finds sufficient evidence
• New charges might be added based on evidence presented

This hearing is a critical opportunity for your defense attorney to challenge the prosecution’s case, lock in witness testimony for later impeachment, and potentially get charges reduced or dismissed.

Pre-Trial Motions and Investigation

After arraignment (and the preliminary hearing in felony cases), your case enters the pre-trial phase:

Defense Investigation: Your attorney will:

• Obtain and review police reports
• Interview witnesses
• Gather evidence like security footage or medical records
• Consult experts if necessary
• Develop a strong defense strategy

Pre-Trial Motions: Your attorney may file motions to:

• Suppress evidence obtained illegally
• Dismiss charges for insufficient evidence
• Request access to specific evidence or witness statements
• Challenge the admissibility of certain statements or evidence

Discovery Process: Both sides exchange evidence and information that will be used at trial. This is when your attorney gets full access to the prosecution’s evidence and can better evaluate the strength of their case.

Plea Negotiations: Resolving Your Case Without Trial

The reality is that most assault cases in California are resolved through negotiation rather than trial. Effective negotiation can lead to:

• Reduced charges (like reducing felony assault to misdemeanor)
• Dismissed charges
• Alternative sentencing like diversion programs
• Reduced sentences without jail time

Your attorney will leverage weaknesses in the prosecution’s case, present mitigating factors, and negotiate for the best possible outcome. Mitigating factors in assault cases might include:

• Self-defense or defense of others
• Lack of criminal history
• Employment status and community ties
• Mental health or substance abuse issues that can be addressed through treatment
• Willingness to complete anger management programs
• Restitution to the alleged victim

When Your Assault Case Goes to Trial

If a negotiated resolution isn’t possible, your case will proceed to trial:

• Jury Selection: Both sides question potential jurors to seat an impartial jury.
• Opening Statements: The prosecution and defense outline what they intend to prove.
• Prosecution’s Case: The state presents evidence and witnesses to prove assault beyond a reasonable doubt.
• Defense’s Case: Your attorney presents evidence and witnesses to create reasonable doubt or establish a defense.
• Closing Arguments: Both sides summarize their arguments for the jury.
• Jury Deliberation and Verdict: The jury decides whether you’re guilty or not guilty.
• Sentencing (if convicted): The judge determines appropriate punishment based on the conviction, your criminal history, and other factors.

Potential Consequences of Assault Convictions in California

Understanding what’s at stake helps you appreciate the importance of a strong defense:

Misdemeanor Simple Assault (PC 240):

• Up to 6 months in county jail
• Fines up to $1,000
• Probation and community service
• Potential protective orders

Felony Assault with a Deadly Weapon (PC 245):

• 2-4 years in state prison
• Fines up to $10,000
• Parole after release
• Loss of gun rights
• Strikes under California’s Three Strikes law

Beyond Criminal Penalties:

• Professional license restrictions
• Employment difficulties
• Housing barriers
• Immigration consequences for non-citizens
• Civil liability to the alleged victim

How The Nieves Law Firm Defends Assault Cases

At The Nieves Law Firm, we understand that being arrested for assault in California doesn’t make you a bad person. People face assault charges for many reasons—from self-defense situations to false accusations to momentary lapses in judgment during heated arguments.

Our approach to assault defense includes:

• Immediate intervention to protect your rights
• Thorough investigation of all evidence
• Identification of procedural errors in your arrest and prosecution
• Development of strong legal defenses, like self-defense or defense of others
• Aggressive negotiation for reduced or dismissed charges
• Trial preparation focused on creatinga  reasonable doubt
• Consideration of collateral consequences beyond criminal penalties

We recognize that no two assault cases are the same. Whether you’re facing misdemeanor charges after a bar fight or serious felony allegations involving weapons, we tailor our defense strategy to your specific situation and goals.

Important Steps to Take If You’ve Been Arrested for Assault

While awaiting your court dates, there are several things you can do to strengthen your position:

1. Maintain absolute silence about your case to anyone except your attorney
2. Follow all court orders, including any protective orders or bail conditions
3. Document everything related to the incident, including potential witnesses
4. Gather evidence that might help your case, like text messages or social media posts
5. Consider proactive steps like anger management classes or counseling
6. Avoid contact with the alleged victim or witnesses

Every action you take after an assault arrest can impact your case. With proper guidance and representation, you can navigate this challenging time and work toward the best possible outcome.

Don’t face assault charges alone. Contact The Nieves Law Firm today for a confidential consultation about your case and defense options. The sooner we get involved, the more we can do to protect your rights and future.