Assault Attorney in Van Nuys
Law Offices of Scott R. Spindel. Trial Lawyer. Your Case, Start to Finish.
An assault charge in Van Nuys moves fast. Once the Los Angeles City Attorney or District Attorney gets involved, the case builds momentum quickly, and early decisions shape everything that follows. At Law Offices of Scott R. Spindel, Scott Spindel handles every assault defense personally, from the first call through the final outcome. He has been practicing criminal defense since 1994, and he appears at Van Nuys Courthouse West himself rather than sending an associate in his place.
Our firm has built a record that includes reductions, acquittals, and dismissals in criminal cases. Those results aren’t a guarantee of what happens in your case, but they reflect what direct, experienced representation can do.
If you’re facing an assault charge in Van Nuys or anywhere in Los Angeles County, call Law Offices of Scott R. Spindel at (818) 797-9212 for a free consultation. We’re available 24/7/365.
What California Law Actually Defines as Assault
California Penal Code 240 defines assault as an unlawful attempt, combined with a present ability, to commit a violent injury on another person. No physical contact is required. A swing that misses can still support a conviction if the prosecution proves four elements: the defendant did an act likely to result in the application of force; the act was willful; the defendant knew a reasonable person would believe the act would directly and probably result in force being applied; and the defendant had the present ability to carry it out.
That last element matters. “Present ability” is a statutory requirement, not a formality. If that ability was absent, the charge can’t stand. Battery under Penal Code 242 is a related but distinct offense requiring actual unlawful physical contact. Assault and criminal threats are frequently filed together, but they aren’t the same charge and don’t carry the same defense posture.
Assault Charges & Penalties in Van Nuys
The severity of an assault charge depends on the circumstances, the alleged victim, and whether a weapon was involved. Here’s how California structures the charges:
- Simple assault (Penal Code 240): A misdemeanor carrying up to six months in county jail and a fine of up to $1,000.
- Assault on a protected class: When the alleged victim is an on-duty peace officer, firefighter, or similar protected individual, the maximum jail term increases to one year and the fine can reach $2,000.
- Assault with a deadly weapon (Penal Code 245(a)(1)): A wobbler, meaning the prosecution can file it as either a misdemeanor or felony. A felony assault conviction carries two to four years in state prison and fines up to $10,000.
- Assault with a firearm (Penal Code 245(a)(2)): Treated as a distinct charge with its own sentencing range and typically more aggressive prosecution.
Misdemeanor assault is prosecuted by the Los Angeles City Attorney’s Office. Felony assault falls under the Los Angeles District Attorney’s Office. Both offices move quickly, which is why the window between an incident and formal filing is often the most critical time to have an attorney working on your behalf.
Defense Strategies for Van Nuys Assault Cases
Scott Spindel evaluates each case personally to identify the specific weaknesses in the prosecution’s theory. Assault charges, despite how quickly they’re filed, often rest on contested facts, disputed accounts, or elements the government struggles to prove beyond a reasonable doubt.
The defenses we examine in every assault case include:
- Self-defense: A defendant who reasonably believed imminent bodily harm was coming and responded with proportional force has a complete defense under California law.
- False or exaggerated accusations: Because assault requires no injury, fabricated claims are a recognized problem. We challenge inconsistencies in the alleged victim’s account and scrutinize the physical evidence.
- Lack of present ability: If the defendant couldn’t actually carry out the threatened force at the moment of the alleged act, the statutory definition of assault isn’t met.
- Lack of willful intent: Assault isn’t a strict liability offense. An accidental act, or one that didn’t involve the required mental state, can’t support a conviction.
- Pre-filing intervention: Before the City Attorney or District Attorney formally files charges, we can present exculpatory evidence or context that may help prevent the case from being charged.
Attorney Spindel attends criminal defense conferences nationwide and stays current on how prosecutors build and litigate these cases. His background as a certified instructor in Standardized Field Sobriety Tests sharpens his ability to evaluate how law enforcement documents physical conduct and evidence in the field, a perspective that translates directly to scrutinizing arrest reports and evidence in assault matters.
Why Van Nuys Clients Work Directly with Scott Spindel
At larger firms, the attorney you meet at intake isn’t always the attorney who appears in court. At Law Offices of Scott R. Spindel, that gap doesn’t exist. Scott Spindel personally handles every case from the first call through the final verdict. He has tried criminal cases across Los Angeles, Orange, San Diego, Riverside, San Bernardino, and other Southern California counties, and that depth of courtroom experience shapes how he prepares each case, not just how he talks about it.
Our firm is a member of the National Association of Criminal Defense Lawyers (NACDL). We serve clients throughout Van Nuys, the San Fernando Valley, Los Angeles, San Fernando, and Santa Clarita, and we provide consistent case updates so you know where your matter stands.
Talk to a Van Nuys Assault Lawyer Today
An assault charge, even at the misdemeanor level, carries consequences that extend well beyond the courtroom. The sooner you have an attorney reviewing your case, the more options you can have.
Call Law Offices of Scott R. Spindel at (818) 797-9212 for a free consultation. Scott Spindel can review your situation directly, and we’re available around the clock.
We Fight For Our Clients
Hear What They Have To Say
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"Scott is a rock star – I highly recommend him"Through my company I have worked with thousands of attorneys over the last 19 years, and Scott Spindel stands out as one of the best. He cares about his clients, responds in a timely manner, is vigilant with his evaluation of evidence, is wildly smart, and is awesome in trial -- the jury loves him -- which is crucial for a successful defense attorney. With this amazing combination of skills and gifts, you will not find a better attorney to represent you.- David
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"Reassuring confidence."When I got my DUI I was in complete disarray. Between my family, business, and future, I was having trouble sleeping due to constant anxiety. Not only was I involved in an accident, but I had an extremely high BAC. Needless to say, I feared for the worst. After talking with 3 separate lawyers, I then met with Scott, who after 1 meeting I knew he was the right attorney for me. Not only did Scott manage to keep me out of jail, but he was also able to reduce my alcohol program from 9 months to 6 months which is rare for BAC as high as mine was. If you're having concerns, or questions about which attorney you should use, please meet with Scott. I promise you that he'll definitely not disappoint!- Jarrod
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"Excellent Service"After my second DUI in 5 years, I needed a lawyer. I hired Scott because he made me feel confident with my case and I was right in hiring him. He helped me throughout the whole process, allowed me to email him anytime with any questions, and reassured me when I needed it the most. He is a very educated man and did an excellent job handeling my case. I would recommend hiring Scott if you are ever caught in my kind of situation.- anonymous
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"Compassionate and Diligent!!!"Scott was so caring and supportive throughout the entire process. I thought my DUI was going to ruin things for my family and work but Scott got it dramatically reduced both in record and financially. Even though I made some mistakes in the process, Scott graciously corrected my mishaps and made everything virtually painless! He has also represented and coached others I know through some very harrowing legal situations with amazingly positive results.- Kristen
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"BEYOND GRATEFUL"I am beyond grateful with Mr. Scott Spindel for not only giving me peace of mind but answers to my questions in a time when I felt extremely anxious and overwhelmed. I happened to find him while browsing online and I am so glad that I did!!! He went out of his way to help me and made the necessary phone calls I needed regarding a matter even before knowing whether I would need legal counsel or not. Who do does that?! Scott did!! I hope his efforts don’t go about unnoticed I am truly amazed by how caring and helpful he was with me. I definitely will give him a call if I need an attorney down the road :) & would definitely recommend to anyone. Thank you so much Scott!!!- Nancy
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"CHARGES: FELON IN POSSESSION | DISPOSITION: SENTENCE REDUCED"I wanted to let you know how much I appreciate everything you have done for me. I know with my record I was very lucky to receive the deal that I got. There’s not too many lawyers that take the time out and really deal with their clients, but you have done a remarkable job. I just wish there were more lawyers like you. I just wanted to let you know that your work is appreciated.- A.K.
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"CHARGES: POSSESSION OF DRUGS FOR SALE | DISPOSITION: CASE DISMISSED – REFILED – CASE DISMISSED"Thank you for seeing Alex’s case through not only one victory but two! A skilled and dedicated attorney makes all the difference; certainly, no one can say that we do not know this first hand. Alex has truly benefitted from your level of expertise, which we can attest, is a cut above. We, therefore, wished to express our sincerest gratitude for your level of dedication to the case and your hard work. Scott, as a result of "this" experience, Alex has greatly matured. For one, his immediate goal to focus on his studies and to detach himself from the friends who are not of the best influence have resulted in his recent honor student status and his making more responsible, educated decisions. He also has become determined and focused on matters that are important to his growth as an individual; your belief in Alex and the work that you have done on his behalf played a significant role in myriad ways including a change in his depth of personal perspectives and character. Thank you again, Scott. You are truly skilled in every way an attorney can be to make a difference. We recommend you highly and deeply appreciate your counsel, advocacy and friendship.- C. & A.K.
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"CHARGES: DRIVING UNDER THE INFLUENCE | DISPOSITION: CASE DISMISSED"All I can say is, thank you - thank you -thank you. Thank you for stopping your ski run on the side of the mountain in Idaho to discuss my case during our first phone conversation. Thank you for your professionalism. Thank you for being up-front and honest. Thank you for exceeding my expectations, and then some. THANK GOD for your knowledge of the law. Finally, thanks for just being a bro during these trying times. Hope to never need your services again, hehe.- DR. P.
