Facing assault and battery in Santa Clara County? Here is where your case is heard, the county’s diversion options, and how these cases get defended.
The law is statewide; the courts, the DA, and the diversion programs are local.
The Charge
Simple assault (PC 240) and battery (PC 242) are misdemeanors. See our assault and battery defense page.
Where Your Santa Clara County Case Is Heard
Santa Clara County routes your case to the courthouse for the city where the offense is alleged to have occurred: the Hall of Justice at 190 West Hedding Street in San Jose, the Palo Alto courthouse at 270 Grant Avenue, or the South County courthouse at 301 Diana Avenue in Morgan Hill.
Cases are prosecuted by the Santa Clara County Office of the District Attorney (District Attorney Jeff Rosen), and custody, when it occurs, is at the Main Jail in San Jose or Elmwood in Milpitas. For the county overview, see our Santa Clara County criminal defense page.
Santa Clara County Diversion & Collaborative Courts
Santa Clara County runs a strong set of collaborative courts that can end a case in treatment and dismissal rather than a conviction:
- a Drug Treatment Court
- a Mental Health Treatment Court — one of the largest in California
- Mental Health Diversion under PC 1001.36
- a Veterans Treatment Court
- a Young Adult Deferred Entry of Judgment program for eligible 18-to-21-year-olds
Simple assault and battery are strong judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) candidates in Santa Clara County, both ending in dismissal.
How These Cases Get Defended
- Self-defense or defense of others — no duty to retreat in California.
- No willful touching — accidents and reflexes are not battery.
- Diversion ending in dismissal for eligible cases.
Frequently Asked Questions
Which courthouse handles assault and battery cases in Santa Clara County?
Santa Clara County misdemeanor cases are heard at its criminal courthouses — the Hall of Justice in San Jose, the Palo Alto courthouse, or the South County courthouse in Morgan Hill, based on where the offense occurred. The exact department and date are on your notice.
Can an assault or battery case be dismissed in Santa Clara County?
Yes. Simple assault and battery (PC 240, 242, 243(a)) in Santa Clara County are strong candidates for judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36), both of which end in dismissal, and self-defense is a complete defense where it applies.
Who prosecutes criminal cases in Santa Clara County?
Criminal cases in Santa Clara County are prosecuted by the Santa Clara County Office of the District Attorney, led by District Attorney Jeff Rosen.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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I defend assault and battery cases across Santa Clara County on a flat fee. Tell me what happened and I'll tell you the play.
Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on misdemeanor defense across San Francisco, San Mateo, and Santa Clara Counties — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients across San Francisco, San Mateo, and Santa Clara Counties. The main office is at 15 Boardman Place, Suite 301, San Francisco, with a Redwood City office available by appointment.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com