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Assault & Battery

Assault Attorney in Delano

Board-Certified Criminal Law Specialists

When an assault or battery charge is filed, the stakes are immediate. A misdemeanor can still cost you your freedom and your firearms rights. A felony can follow you for life. At Humphrey & Thompson, you work directly with attorneys Kyle J. Humphrey and Jared M. Thompson, not case managers or associates who don’t know your file. We’re a boutique criminal defense firm, and that structure is intentional.

We regularly represent people whose cases arise from Delano and throughout Kern County. With more than 5,000 criminal cases handled across California state and federal courts, our assault lawyers bring a depth of experience.

If you’re facing an assault or battery charge, don’t wait. Contact Humphrey & Thompson at (661) 760-7678 for a direct conversation with our assault lawyers in Delano.

Why Clients Choose Humphrey & Thompson for Assault Charges

The State Bar of California recognizes Mr. Humphrey and Mr. Thompson as Board Certified Criminal Law Specialists, a distinction that requires demonstrated proficiency, peer review, and a commitment to advanced standards. Most criminal defense attorneys in California aren’t board certified. Ours are.

Our track record in Kern County’s state and federal courts includes jury trials and favorable outcomes on serious charges. When you reach out, you can expect a response by the next business day, often sooner, and consistent communication from filing through resolution. Your case isn’t an afterthought here.

Assault vs. Battery: What California Law Actually Requires

These two charges are routinely filed together, but they’re legally distinct. Understanding which one applies to your situation matters because the elements the prosecution must prove, and the defenses available, differ between them.

  • Penal Code 240 (Assault) defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Physical contact isn’t required. A threatening action or gesture can be enough if the prosecution can show you had the ability to carry it out. A conviction is a misdemeanor carrying up to six months in county jail and a $1,000 fine.
  • Penal Code 242 (Battery) requires actual physical contact, but the contact doesn’t have to cause injury. Any willful and unlawful use of force or violence, even if the other person felt only offense rather than pain, can satisfy the statute. Simple battery is also a misdemeanor, but the maximum fine rises to $2,000.

Both convictions trigger a 10-year ban on owning, purchasing, or possessing firearms under California law, a consequence many people don’t anticipate when they treat a misdemeanor as a minor matter.

When Assault and Battery Charges Escalate to Felonies

Prosecutors in Kern County have tools to elevate these charges significantly. Several statutes and sentencing enhancements can turn a misdemeanor arrest into a felony case with prison time on the table.

  • Assault with a Deadly Weapon: A “wobbler” offense, meaning prosecutors can charge it as either a misdemeanor or a felony. As a felony, it carries up to four years in state prison and counts as a strike under California’s Three Strikes Law.
  • Battery Causing Serious Bodily Injury: A felony carrying up to four years in state prison that can also count as a strike under California’s Three Strikes Law, depending on the specific facts of the case.
  • Great Bodily Injury Enhancement: When proven, this enhancement adds up to three consecutive years to a felony sentence, stacked on top of the base term.
  • Domestic Battery: A misdemeanor carrying up to one year in county jail and fines up to $2,000, with defendants often required to complete a batterer’s treatment program as well.
  • Battery on a Peace Officer: Enhanced penalties apply whenever the victim is a law enforcement officer, firefighter, or other protected person. If the officer is injured, the charge can be elevated further.
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criminal law specialists

Recognized by The State of California As Board Certified Criminal Defense Experts

Humphrey & Thompson has built a track record of favorable outcomes for clients facing violent crime charges in Kern County’s state and federal courts. Here’s what some of those clients have said.

    “I truly believe Kyle Humphrey made all the difference in the outcome of this case and my son's record is clean.”

    My son was wrongfully accused and charged with assault. I hired Mr. Humphrey to represent him because I heard he was the best and as my son is 19 years old, I did not want this bogus charge going on his record. Mr. Humphrey did an excellent job of representing my son from day one. I am happy to say that the charges were dropped and the case was dismissed. I HIGHLY recommend Kyle J. Humphrey.

    - Tina H.
    “Kyle is very professional but at the same time feels like your talking to a long time friend.”

    Kyle and his team are absolutely amazing! With my whole case they kept it completely stress free. Kyle will explain everything in a way you could actually understand. I highly recommend him. He's honest, fair and compassionate and fantastic to work with.

    - Saijel P.
    “Kyle took the time to listen to me and my wife about our situation and provide valuable feedback.”

    I had an amazing experience with Kyle! He is a straight shooter and that was crucial for me to hear. I was able to keep all my rights, get my case dismissed and that was huge for me! Kyle was able to take a bad situation for our family and deliver results that allowed us to move forward and grow. I highly recommend Kyle and his team!

    - KC A.
    “Humphrey and Thompson are exceptional in criminal defense cases.”

    They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning our defense strategy. The paralegal staff was also courteous and prompt in their responses, which made the whole stressful process much more bearable. I am profoundly grateful for their services. the Martinez Lugo family we loved them we really recommended thanks so much :)

    - Cesar M.
    “Do yourself a huge favor and hire this man!!!”

    Jared and his staff, not exaggerating were on top of it all. If I called to talk to the girls in the front they handled everything right away, Jared reputation for being THE BEST matched him perfect. We had issues with the anger management classes and the staff really cared and helped us. Jared helped my son who was facing some serious charges but he genuinely cared about the whole truth and we got blessed tremendously! we are forever grateful and truly couldnt have imagined the outcome had we NOT hired him! Loved them thank you so much sincerely!

    - Former Client
    “In a society where justice is fading, Kyle Humphrey truly is the light in the dark.”

    He values his clients and understands their individual needs. He will work hard to guarantee that justice is served for everyone involved. He is honest and supportive throughout the entire process. We will never forget what Kyle has done for us.

    - Felicia E.
    “A very professional, friendly, and caring office!”

    Due to the distance away from the Bakersfield area I was able to deal with the firm by phone and email. Phone service was very timely and they made me feel comfortable. If needed, I would use their services again and recommend this law office.

    - Randy K.
    “Beyond impressed with the expertise and professionalism shown on behalf of Humphrey and Thompson.”

    The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!

    - Aimee G.
  • Jury Trial Acquittals

    Molestation and Sexual Abuse of Minors

    Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors

  • Case Dismissal

    Sexual Abuse

    Allegation of Continuous Sexual Abuse Dismissed Before Trial.
  • Case Dismissal

    Felony Sex Case

    Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely.
  • Case Dismissal

    Rape

    Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial.
  • Case Dismissal

    Sexual Battery

    Local business owner charged with sexual battery, dismissed.
  • Avoid Sex Offender Registration

    Sex Offense

    Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register

Talk to an Assault Lawyer Serving Delano Today

A charge filed today sets a process in motion. The earlier we get involved, the more options we can have. Whether you’re facing a misdemeanor assault allegation or a felony charge with a strike on the line, Humphrey & Thompson is ready to review your situation and tell you where you stand.

Our attorneys are board certified in criminal law, have handled more than 5,000 cases, and give clients direct access to the attorneys actually working on their file. There’s no pressure to commit before you’re ready, but acting quickly matters.

Call (661) 760-7678 or contact Humphrey & Thompson to speak with our board- certified assault defense lawyers in Delano.

  • State bar of California Certified Specialist 2025
  • AV
  • Super Lawyers
  • AVVO
  • Top 100
  • CACJ
  • National Trial Lawyers

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Have Questions?

  • Do I need a lawyer if I’m innocent?
    Yes, even if you're innocent, having a lawyer is crucial. A defense attorney can ensure your rights are protected, investigate the facts, challenge evidence, and guide you through the legal process to ensure a fair trial.
  • What’s the statute of limitations for criminal charges in California?
    The statute of limitations varies depending on the crime. For misdemeanors, it’s typically one year, while felonies can range from three years to no time limit for serious offenses like murder.
  • Can I refuse a police search of my home or vehicle?
    Yes, you can refuse a search unless the police have a warrant or certain exceptions apply, such as probable cause or exigent circumstances. If you’re asked for consent to search, you have the right to decline.

drowning in legal trouble?

WE'RE YOUR LIFELINE
  • Please enter your first name.
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  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your phone number.
    This isn't a valid phone number.
  • By submitting, you agree to receive text messages from Humphrey & Thompson 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