Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your assault case. Assault in California is prosecuted under California Penal Code §§240 (simple assault) and 245 (assault with a deadly weapon). All Berkeley cases are heard at the Alameda County courthouses in Downtown Oakland. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is assault under California law?

Berkeley Assault Lawyer — Morris Law

Assault in California is prosecuted under Penal Code §240 (simple assault) and §245 (aggravated assault). Simple assault (PC §240) is an unlawful attempt, coupled with present ability, to commit a violent injury. Aggravated assault (PC §245) involves a deadly weapon, means likely to cause great bodily injury, or force likely to produce great bodily injury. Aggravated assault is a wobbler and often a strike.

Penalties for assault in California

Below are the specific penalties Morris Law sees for assault cases in Alameda County:

  • Simple assault (PC §240): misdemeanor — up to 6 months county jail and $1,000 fine
  • Assault with a deadly weapon (PC §245(a)(1)): wobbler — misdemeanor up to 1 year, or felony 2, 3, or 4 years state prison; strike offense
  • Assault with a firearm (PC §245(a)(2)): felony 2, 3, or 4 years state prison; strike
  • Assault on a peace officer (PC §245(c)): felony 3, 4, or 5 years
  • Great bodily injury enhancement under PC §12022.7: +3 years

Collateral consequences — professional licensing, immigration status, firearm rights — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends assault cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in assault cases:

  • Self-defense under PC §198 — reasonable belief in imminent threat with proportional force is a complete defense. California has no duty to retreat.
  • Defense of others — same principles applied to third parties.
  • Consent — mutual combat may negate criminal liability for simple assault, though limited by public policy.
  • No present ability — the assault statute requires the present ability to commit a violent injury. Distance, physical barriers, and lack of a weapon can defeat this element.
  • Mistaken identity — eyewitness identifications are scientifically unreliable. We challenge lineup procedures and use surveillance footage.
  • PC §17(b) reduction — felony wobbler PC §245 can be reduced to misdemeanor at preliminary hearing, sentencing, or post-probation.

What to do if you are arrested for assault in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries, damage, or torn clothing. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record what happened while events are fresh.

Why Berkeley residents choose Morris Law for assault defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients in the exact courthouses where Berkeley cases go.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment litigation. Obama Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Berkeley office at 2025 Rose St #200. Serves Berkeley, Albany, El Cerrito, Kensington, Emeryville.
  • 24/7 phone access at (510) 350-3225.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How assault cases move through Alameda County

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Assault defense — Frequently Asked Questions

What is the difference between assault and battery in California?

Assault (PC §240) is the attempt or threat of force with present ability — no contact required. Battery (PC §242) is the willful, unlawful use of force or violence — actual contact, however slight. Swinging at someone is assault; landing the punch is battery.

Is assault with a deadly weapon a strike?

Yes. PC §245(a)(1) assault with a deadly weapon is a strike offense under PC §667.5 and PC §1192.7 when charged as a felony. A first strike doubles future sentences. Reducing the felony to a misdemeanor under PC §17(b) avoids the strike consequence.

Can I claim self-defense in a Berkeley assault case?

Yes. California has no duty to retreat — you may stand your ground and use force proportional to the threat under PC §198. Your honest belief in the need for force, even if unreasonable, can reduce the charge under imperfect self-defense.

Where do Berkeley criminal cases go to court?

Berkeley cases go to the Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St, Oakland). Felonies go to the René C. Davidson Courthouse (1225 Fallon St, Oakland). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a Berkeley criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 350-3225. If a family member has been booked at Berkeley Police Department or transferred to Santa Rita Jail, we can arrange contact within hours.

Get a free assault case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or use our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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