California Penal Code Sections 240 and 241 define an assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” You can be charged with assault even if there are no injuries to the victim. A simple assault under California Penal Code Sections 240-241 is considered a misdemeanor and carries a fine up to $1,000 and jail time up to six months. A simple battery is defined under California Penal Code Sections 242-243 as “any willful and unlawful use of force or violence upon another person.” It can be charged as either a misdemeanor or a felony with a jail sentence of up to 6 months and a fine up to $2,000.
A more serious crime of assault with a deadly weapon (not a firearm) under Penal Code Section 245 is considered a felony. You can be charged with this crime if the police believe you assaulted someone with the intent to commit bodily harm with a deadly weapon other than a firearm. If convicted, you can face up to four years in state prison and a fine up to $10,000. If you possess a firearm even if you did not use it to cause bodily harm, you can be charged with an assault with a firearm, which is also a felony. This also carries up to a four year state prison sentence and a fine up to $10,000 under California Penal Code Section 244. If the crime took place on a school ground, or the victim was a public transportation driver, or the crime was gang related, the sentencing can be elevated. If you are convicted of a felony assault, you also face a strike under the California three strikes law.
Case Example:
Documents filed on Friday September 9, 2011, by attorneys for the Los Angeles Dodger Stadium beating victim Bryan Stow in Los Angeles Superior Court estimating their client’s medical costs to be more than $50 million as a result of the beating of Stow at the Dodger Stadium parking lot after the home game victory against the San Francisco Giants on March 31, 2011. The lawsuit was filed by plaintiff Stow and his children against Dodger’s owner Frank McCourt and 13 team entities on May 24, 2011 alleging assault, battery, negligence, premises liability, negligent hiring, and intentional and negligent infliction of emotional distress. Police say that Stow was beaten because he was a Giant’s fan that had on Giant’s gear at the game. Two suspects who have been arrested and are in custody. Stow remains in a coma in a San Francisco hospital. The trial is estimated to take a week.
Defense attorneys have filed papers challenging some of the claims and requesting that the punitive damages be dismissed because the complaint does not state which 14 named defendants actions account for punitive damages. Other issues defense attorneys are challenging are the sale of alcohol at the stadium, cancellation of the half-off bear promotion after the beating, financial mismanagement by McCourt and alleged gang presence at the stadium. A hearing on the Dodger Team’s motions are set for September 30, 2011, before Judge Khan, who replaced Judge Recana as a result of the attorneys for the Dodgers request.
If you are charged with an assault and/or battery in California, you should not attempt to deal with the police directly. It is recommended that you hire a California criminal defense attorney to defend you immediately. The attorney can use defenses such as your charge does not fall within the three strikes law if you are charged with a felony assault, also argue self-defense or defense of others to get your charges reduced, obtain probation, community service or attendance of a drug or alcohol treatment program or get your case dismissed.
On July 5, 2011, an Orlando jury at the Orange County Courthouse found defendant Casey Anthony not guilty of first degree murder, aggravated child abuse and aggravated manslaughter of a child regarding charges filed against her in 2008 regarding the death of her two year old daughter, Caylee Anthony. She was convicted of four lesser misdemeanor crimes of providing false information to law enforcement officers. If Casey had been convicted of first degree murder, should could have faced the death penalty in Florida. Judge Belvin Perry sentenced her to the maximum four year sentence for her misdemeanor convictions of lying to authorities. He denied the defense’s request to combine the misdemeanor counts into one which could have meant that she would have been released immediately. She was given time served and good behavior and is expected to be released on July 17, 2011. An unnamed juror who was interviewed after the decision said the reason the jury found Casey not guilty of the more serious crimes of murder, aggravated child abuse and aggravated manslaughter is that the prosecutors failed to show how Caylee was murdered.
The circumstances surrounding the case began when Cindy Anthony reported her granddaughter, Caylee Anthony missing on July 5, 2008. Casey Anthony was arrested on July 16, 2008 on circumstantial evidence and charged in October of 2008 with first degree murder. In December of 2008, almost six months after Caylee was reported missing, police investigators found parts of the decomposed body of Caylee with duct tape in the woods near the Anthony residence. It was established by the prosecution and admitted by the defense team, that Casey Anthony lied to sheriff deputies about working at Universal Studios, about employing a nanny that took care of Caylee and that the nanny, whose name was Zenaida Fernandez-Gonzalez took the child (it was later determined that no such person existed, about telling two imaginary people Caylee was missing and about receiving a telephone call from Caylee the day prior to when she was reported missing). Photos were presented showing Casey at a Florida nightclub partying with friends prior to the child being reported as missing.
At trial, Casey’s lead defense attorney Jose Baez claimed that Casey had lied to cover up the family tragedy that Caylee had accidentally drowned in her grandparents George and Cindy Anthony’s pool. He also claimed that Casey did not tell the truth because she was frightened of her father George Anthony, who her attorney Baez claimed started molesting Casey at age eight. Baez also claimed that Casey’s brother might be Caylee’s father, and that the meter reader who found Caylee’s remains may have moved them. None of these allegations were ever proven. Casey’s defense team was able to raise enough reasonable doubt about the duct tape that showed no evidence of Casey’s DNA on it, which prosecutors argued was allegedly used to suffocate Caylee. They also raised doubt about conflicting testimony regarding the odor inside the Anthony car. It had not been established whether it was a decomposing body or trash left in the car. The prosecutors did not clarify why chloroform was so important to the case.
The case became one of the most watched and talked about cases since the O.J. Simpson murder trial and attracted a crowd of spectators and national and international media coverage. In fact, outside the courthouse the day the verdict was read, people expressed their outrage that justice had not been served for Caylee. Casey Anthony could profit from the case by selling her story to publishers, filmmakers or by signing a television contract.
If you are arrested for murder, aggravated child abuse or aggravated assault of a child, these are serious crimes. Depending on your state laws, you could face the death penalty or life in prison if convicted of first degree murder. You should hire an experienced criminal defense attorney to defend you. The attorney can argue such defenses as circumstantial evidence or lack of evidence, mistaken identity, self defense or defense of others to either create enough reasonable doubt to get you acquitted or have the charges dismissed or reduced to a lesser crime.
Driving on California freeways can be frustrating. There is traffic congestion during a number of hours of the day and evening. As a result, aggressive driving by drivers who are impatient and in some instances running late may turn into a road rage incidents creating personal injury accidents and even homicides. Studies show that urban young male drivers under the age of 39 years, who are educated, employed and unmarried are more likely to commit road rage. To avoid being a victim of road rage, authorities advise that you stay with the flow of traffic and always be courteous to other drivers when driving. Avoid confrontations. If someone is following you or threatening you, avoid driving home or pulling over. Go to the nearest police station or
call 9-1-1.
While there is no specific statute for road rage in California, you could be prosecuted under California Penal Code 245 for the crime of assault with a deadly weapon if you use a motor vehicle in an aggressive manner against another person operating a motor vehicle, bicycle or on a pedestrian on a highway. You can face fines up to $10,000 and up to four years in jail. Under California Vehicle Code 13210, persons convicted of aggressive assault may also have their California driving privileges suspended for six months for a first offense and one year for a second or subsequent offense. In lieu of a suspension of your California driving privileges, you could be ordered by the court to attend a court-approved anger management or road rage course for a road rage conviction.
Case Example
A man driving a pickup truck reported an incident of road rage to San Diego police that a man driving a two door gold Mercedes fired what appeared to be a long-barreled gun at his truck on Thursday morning April 14, 2011, around 11:30 a.m. on Clairemont Drive near East Mission Bay Drive. The truck driver pursued the Mercedes onto the eastbound Interstate 8, but police advised him to stop following the car. The driver was able to obtain the license plate of the Mercedes. Police later returned to the scene of the incident with the driver where they found a yellow pellet that may have been fired from an Airsoft gun according to authorities. The authorities kept the pellet as evidence, and they are pursuing a search for the man who fired the pellet gun. They went to the driver of the Mercedes’ Point Loma address where the Mercedes was registered, but have not yet apprehended the driver. The San Diego police also noticed the California Highway Patrol about the incident in case it was related to two recent shootings on Route 163, but CHP Officer Art Athans does not believe the incidents were related.
If you are arrested for a felony assault with a deadly weapon or a misdemeanor assault involving use of a motor vehicle that results in road rage, you should contact a California criminal defense attorney immediately to defend you. The attorney may be able to get the charges reduced to reckless driving under Penal Code Section 23103, which carries a lesser fine of up to $1,000 and a jail sentence of 90 days, misdemeanor assault which carries a jail sentence up to one year, or speeding or tailgating. The attorney may also be able to get the case dismissed arguing self-
defense or accident.
Assault and battery charges are taken serious in California. California Penal Code 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. A battery is defined under California Penal Code 242 as “any willful and unlawful use of force or violence upon the person of another”. Incidences of assault and battery typically occur during a physical fight or a verbal argument that turns into a physical altercation. Assault can also be construed even if you physically throw an object at someone regardless if they are injured or not, and you could still be arrested in California. A simple assault misdemeanor carries penalties ranging from six months to a year in the county jail and a fine of $1,000 to $2,000. A simple battery can be charged as a misdemeanor or a felony and carries penalties ranging from six months in the county jail to three years in state prison and fines of $2,000 up to $10,000.
Assault with a Deadly Weapon Other Than a Firearm (Penal Code 245)
An assault with a deadly weapon also known as aggravated assault upon another person other than with a firearm with the intent to produce great bodily harm is a felony in California with penalties of up to four years in state prison and fines up to $10,000. A deadly weapon can be any object that is not part of your body such as a knife, a pen, rocks or even your car.
Assault with a Firearm (Penal Code 244)
Only possession of a firearm during the assault is enough cause to increase the penalties for this crime to a $10,000 fine and a 4-year prison sentence.
Case Example:
British actor and comedian Russell Brand met with Los Angeles prosecutors on Wednesday November 17, 2010 regarding his arrest pertaining to an altercation with a photographer at LAX Airport in September 2010. Brand and his wife, singer Katy Perry, were entering Delta Airlines terminal when they were swarmed by paparazzi. Airport video cameras caught Brand swatting at the photographer and hitting his camera. He was facing the possibility of misdemeanor simple battery charges. The City said a prosecutor will also meet with the photographer this week. However, a spokesperson for the City said it was unlikely that they would be filing charges against Brand. Brand was unknown in the United States until 2008 when he hosted the MTV Video Music Awards. He has become famous here since his recent marriage to Katy Perry. He has also starred in the film Get Him to the Greek”. Perry is known for her two hit songs “I Kissed a Girl” and “California Girls”.
This is not the first time that celebrities have gotten into skirmishes at LAX with the paparazzi. City prosecutors charged Kanye West with misdemeanor battery, vandalism and grand theft for breaking a photographer’s flash during an incident at the airport in September 2008. The case was later dismissed after the rapper settled a civil suit and agreed to attend anger management classes.Mike Tyson was also charged in November 2009 for allegedly hitting a photographer at LAX. Prosecutors declined to charge the former boxer because they said they found insufficient evidence.
If you are arrested for assault and battery charges in California, you should hire a California criminal defense attorney to defend you. The attorney may be able to get the charges reduced or dismissed to menacing, mistaken identity, self-defense, defense of property or defense of others, no credible threat, false accusations, the victim consented to the assault, or there may be insufficient evidence to charge you.
California has some of the strictest penalties for murder convictions. The California Penal Code 187 defines murder as the “unlawful killing of a human being, or a fetus, with malice aforethought”. There are several different degrees of murder charges you could face in California. The most serious murder charge is a capital murder with special circumstances. You can also be convicted or first degree murder or second degree murder. California murder conviction penalties range from 15 years in a California state prison to life, life without parole for such crimes as hate crime murder or the death penalty for capital murder crimes with special circumstances.
Capital Murder with Special Circumstances Conviction
Capital murder with special circumstances is the most serious murder crime you can be convicted of in California. You must have killed someone either for financial gain, killed more than one victim, killed a law enforcement officer, firefighter, judge, prosecutor or an elected public official, killed a witness to prevent them from testifying in a case, committed a felony and killed someone which subjects you to the first degree felony murder rule, killed someone under the definition of a hate crime, killed someone in a drive by shooting or killed someone for the benefit of a street gang. You face stiff penalties ranging from 15 years to life in a California state prison, life in prison without the possibility of parole or the death penalty.
First Degree Murder
California first degree murder convictions involve the use of a destructive or explosive device that kills someone, waiting for a victim and then torturing them, killing them deliberately in a premeditated and willful manner, or killing them while committing a felony crime under the felony murder rule. Penalties for a first degree murder conviction range from 15 years to life or life without the possibility of parole in a California state prison.
Second Degree Murder
A California second degree murder conviction means you committed any murder which does not fall under the first degree murder or capital murder with special circumstances categories. Incidents such as alcohol or drug related killings are considered murder in the second degree because they are willful, but not premeditated and without malice. Penalties for a second degree murder conviction in California range from 15 years to a life sentence in a California state prison, to life without the possibility of parole if you served time previous for a murder conviction.
Increased Penalties
California murder penalties may be increased to 20 years to life if you use a weapon in a drive- by-shooting causing or intending serious injury to someone. Penalties may be increased to 25 to life for crimes involving a peace officer and life without the possibility of parole if you intended to kill the peace officer, caused great bodily harm or used a deadly weapon or firearm to kill the peace officer. You may be subject to paying fines up to $10,000 and paying the victim restitution. The California three strikes law requires a mandatory prison sentence of 25 years to life if you are convicted of three felony crimes.
Case example:
The First District Court of Appeal in San Francisco issued a ruling of 3-0 on Monday August 23, 2010, to uphold the 2008 lower court ruling of a second degree murder conviction of Marjorie Knoller, a San Francisco attorney, whose Presa Canario dogs, Bane and Hera, fatally mauled and killer her neighbor Diane Whipple in 2001, as she was attempting to enter her apartment. Whipple lived 50 ft. from where the dogs resided. Both dogs were subsequently euthanized. The First District Appeals Court found that Knoller’s conviction of second degree murder was a proper conviction.
The trial court jury found her guilty of second degree murder in 2002. The trial judge reduced the conviction to involuntary manslaughter. She was paroled initially after serving four years on the involuntary manslaughter conviction. Then in 2008, a lower court ruling reinstated her second degree murder conviction and sentenced her to 15 years to life in prison. Knoller was the person in control of the dogs and admitted to being there at the time the attack occurred. She is currently serving her 15 year to life prison sentence for her second degree murder conviction. She resigned from the California State Bar in January 2007.
Knoller’s husband, Robert Edward Noel, also an attorney, was convicted of involuntary manslaughter and keeping a mischievous animal that killed a human being, which is considered a separate felony. Noel appealed his conviction and was sentenced to four years in prison. He served a portion of his time and was paroled on good behavior and performance of his work duties in prison. Noel was subsequently disbarred by the California State Bar. He is currently on parole and has no right to further appeals.
Murder is a very serious crime in California. If you are charged with a murder, you should immediately hire a California criminal defense attorney who is skilled and experienced at defending murder charges in California. The attorney can raise doubt in your case and argue defenses such as self-defense, mistaken identity, accidental killing, insanity or illegal search and seizure to get the crime dismissed or reduced.
Under Ohio Chapter 2905.01, you can be convicted of the felony crime of kidnapping in the first degree if you hold another person by force, threat or deception, or in the case of a minor under 13 years or a mentally incompetent person, remove them from the place where they are found or restrain their liberty, or hold a person for the purposes of ransom, as a shield or hostage, facilitate a felony crime or flight thereafter or terrorize or inflict serious physical harm or engage in sexual activity against the victim’s will. If a kidnapper releases the victim to a safe place and they are unharmed, then the kidnapping crime is considered a felony in the second degree in Ohio. You could face a sentence of indefinite prison with a minimum of 15 years and a maximum of life in prison for a first degree felony kidnapping in Ohio, and minimum of 10 years in prison and maximum of life in prison for a second degree felony kidnapping in Ohio.
You may also face lesser charges under Chapters 2905.02 for the crime of abduction, which is a third degree felony, if you remove someone by force or threat to another place where the person is found, restrain their liberty to create a risk of physical harm or hold them in involuntary servitude. For a third degree felony, you could face a prison term from one to five years. Under Chapter 2905.03, you could also be charged with the lesser crime of unlawful restraint, which is a misdemeanor of the third degree, if without privilege you commit a crime with sexual motivation by knowingly restraining the other person or restrain the person’s liberty. For a misdemeanor of the third degree conviction, you face not more than sixty days jail time.
Case Example
A WEWS-TV weekend sport anchor, Terry Brooks, 32 of South Euclid, IL, was indicted on Wednesday, August 4, 2010 of nine counts including one count of kidnapping, four counts of rape, and four counts of attempted rape. Mr. Brooks is accused of allegedly raping a 21 year woman sometime between September 1, 2009 and September 14, 2009, after going to Jack’s Sports Bar in South Euclid. Prosecutors said the victim and the defendant knew each other. According to prosecutors in the case, Mr. Brooks took the woman to his residence and raped her and then dropped her back off at the Sports Bar to get her car. The crime was not reported until January 2010. The victim said that she knew Brooks for awhile, but did not consent to having sexual intercourse with him. The South Euclid initially opened an investigation. Brooks claims he is innocent of the charges. He is on a leave of absence from the news station until the investigation is over. Brooks’ arraignment is scheduled for August 18, 2010.
If you are arrested in Ohio and charged with kidnapping and/or rape, these are very serious crimes. It is recommended that you hire an Ohio criminal defense attorney to defend you. The attorney may be able to get the charges reduced to lesser charges such as abduction or unlawful restraint or get the charges dismissed by claiming that the victim consented to both leaving with the defendant and that the sex was consensual or get the charges dismissed based upon mistaken identity or insufficient evidence.
The crime of kidnapping in Massachusetts is a serious felony offense. Chapter 265, Section 26 of the Massachusetts Statutes provides that anyone who forcibly or secretly confines, kidnaps or imprisons another person against the person’s will within the Commonwealth or forcibly carries or sends such person outside of the Commonwealth with either the intent to secretly confine or imprison that person, faces imprisonment in the state prison of not more than 10 years or a fine of not more than $1,000 and imprisonment in the state prison for not more than 2 years. If a firearm, gun or assault weapon is involved in the crime, the punishment is confinement in state prison for not less than 10 years or in a house of correction for not more than 2 ½ years. The firearm provision does not apply to a parent of a child under 18 who takes custody of the child.
If the kidnapping crime is committed in connection with the intent to extort money, the punishment is life in prison or any term of years in the state prison, unless a firearm, rifle, shotgun, machine gun or assault weapon are used, then the punishment is life or for any term of years, but not less than 20 years in the state prison. When someone is armed with a dangerous weapon and inflicts serious bodily injury or sexually assaults the confined or kidnapped person, the punishment is imprisonment in the state prison for not less than 25 years. Bodily injury is defined under the statute as “permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death”.
When the kidnap or confinement offense involves a child under 16 who is taken against his or her will within the Commonwealth or forcibly carried or sent out the Commonwealth either with the intent to secretly confine or imprison the child, the crime is punishment by not more than 15 years in state prison. This provision does not apply to a parent who takes custody of a child under 16 years of age.
Case Example:
Two Worcester men were accused of stealing a 2002 Toyota Sienna on July 12, 2010 from a Gulf gas station 185 Madison St. with two sleeping children in the back seat while the driver was in the gas station. Police were called and within minutes found the van parked at the corner of Lafayette and Scott with the two children in the vehicle unharmed. Witnesses gave police a description of the two men. Jaime Collazo, 36, was then arrested shortly thereafter hiding on a third floor porch and charged with two counts of Massachusetts kidnapping and trespassing. The other defendant, Christopher Colecchi, 28, was also accused of stealing another car after the incident and was pursued by the police on the I-290 in a high speed chase and then by foot after he crashed the vehicle. Colecchi was charged with two counts of Massachusetts kidnapping, operating a vehicle as to endanger, receiving a stolen motor vehicle, leaving the scene of property damage, operating a motor vehicle with a suspended license, and possession of Class B substance. Colecchi’s defense attorney says his client told him that whoever took the first vehicle got out as soon as they discovered the children were in the vehicle. Jaime Collazo, 36 was also arrested hiding on a third floor porch and charged with two counts of kidnapping and trespassing. Collazo’s defense attorney said the suspects had no intention to kidnap anyone, and that the van was stopped when the suspects noticed the children inside.
If you have been arrested for a kidnapping or related offense in Massachusetts, you should hire a Massachusetts criminal defense attorney immediately to defend you. These are serious charges, and you could face long prison sentences and other penalties, including fines. The attorney may be able to argue that there was insufficient evidence in your kidnapping case, or the alleged crime against you was one of mistaken identity or a misunderstanding or the alleged victim that was taken voluntarily consented to go with you to get the case dismissed or reduced to lesser charges.
California Penal Code 187 defines murder as the “unlawful killing of a human being, or a fetus, with malice aforethought”. You face serious jail time and penalties if convicted of first degree murder, capital murder with special circumstances or second degree murder in California. Penalties for murder in California range from 15 years in state prison to life or life without parole or even the death penalty. If the murder was a hate crime, you face life in prison without the possibility of parole.
First Degree Murder Conviction
To be convicted of a first degree murder in California, you must have:
· Used a destructive or explosive device
· Waited for a victim and inflicted torture on them
· Killed someone in a willful, deliberate and pre-meditated manner
· Killed someone while committing a felony or attempting to commit a felony under the felony murder rule
You face 15 years to life or life without parole in state prison.
Capital Murder with Special Circumstances Conviction
To be convicted of capital murder in the first degree with special circumstances, you must have:
· Killed someone for financial gain
· Killed multiple victims
· Killed a police officer, firefighter, prosecutor, judge, juror or elected official
· Killed a witness to prevent them from testifying
· Killed someone while attempting to commit or committing a felony which subject you to the first degree felony murder rule
· Killing someone because of their race, color, religion, nationality or country of origin which is considered a hate crime
· Killing someone by discharging a firearm from a motor vehicle (drive-by-shooting
· Murdering for benefit of a street gang (186.22 Penal Code)
You face 15 years to life, life without parole or the death penalty.
Second Degree Murder Conviction
To be convicted of a second degree murder charge in California, you must have committed any murder that does not fall under the category of first degree murder or capital murder with special circumstances. Examples of second degree murder are when you discharge a weapon into a crowd and kill someone, or you get into an argument or kill someone while you are intoxicated with alcohol or under the influence of drugs. Second degree murders are considered willful, but without pre-meditation or malice.
You can face up to a 15 year to life sentence and life without possibility of parole if you served time previous for a murder conviction. Sentences for murder can be increased to 20 years to life if you shoot a firearm from a vehicle with the intent of causing serious injury, or 25 to life if a peace offer is involved and life without the possibility of parole if you intended to kill a peace officer or to cause great bodily harm to a peace officer or used a deadly weapon or firearm in killing the officer. You may also have to pay a fine of $10,000 and also have to pay victim restitution. Under the California three strikes law, if you are convicted of three felonies, there is a mandatory prison sentence of at least 25 year to life.
Case example:
On June 11, 2010, a Montebello jury acquitted 17 year old Angel Sosa of two murder charges, which included a special circumstance of multiple murders and assault with a firearm. Although the boy was tried as an adult, he was not facing the death penalty because he was under the age of 18 at the time of the murders of 44 year old Juan Garcia and his 12 year old son Albert at a high school graduation party on June 21, 2008. Sosa could have faced life in prison if convicted of the first degree with special circumstances or second degree murder charges.
The defense attorney, Jeri Polen, argued that dozens of witnesses were unable to identify Sosa as the shooter and witnesses identified someone else. The DA, Michele Hanisee, argued that a witness identified Sosa as the gunman and saw him fire a 9 mm from behind a van into a crowd of people beyond the backyard fence of a home located at the 100 block of East Madison Avenue, where the party occurred. The victims who had nothing to do with an earlier confrontation that had taken place at the home died at Beverly Hospital in Montebello. Sosa’s family described the defendant as “the best kid you could want to know and a “pretty good football player”. He plans on returning to high school in the fall.
A murder charge in California is a very serious crime. You should hire a skilled and experienced California criminal defense attorney to represent you. The attorney can defend you by raising doubt and using other defenses such as self- defense, defense of others, accidental killing, insanity, false and coerced confessions, illegal search and seizure or mistaken identity to get the charges reduced or dismissed.
Assault and battery charges are serious in Colorado. Most assault and battery charges occur as a result of a physical fight or verbal argument that turns physical. Unfortunately, even if you did not cause the fight and you were defending yourself or your property, you could still be arrested if you caused a serious injury to the other person. Also, if you lose your temper and physically throw something at someone whether or not they are severely injured, you could also be accused of assault and battery and arrested in Colorado.
Assault in the First Degree
The most serious assault charges in Colorado are an assault in the first degree, which is considered a Class 3 Felony. Under the Colorado Criminal Code Section 18.3-202, an assault in the first degree is when you:
· Use a deadly weapon with the intent to cause serious injury to someone; or
· Knowingly engage in conduct that would cause grave risk of death to someone and which resulted in injury; or
· Intentionally disfigured or destroyed or amputated a member of someone; or
· Threaten a police offer or firefighter with a deadly weapon, and you intended to cause serious bodily injury to them.
You could face a minimum 8 years and a maximum 24 years prison time and a fine up to $750,000.
Assault in the Second Degree
An assault in the second degree is when you:
· Intentionally cause injury to someone by using a deadly weapon; or
· Cause mental impairment or injury to someone through the use of drugs or other substances; or
· Cause injury by preventing a police offer or firefight from performing their job.
It is considered a Class 4 Felony. You could face a minimum 4 years and a maximum 12 years prison time and a fine up to $500,000.
Assault in the Third Degree
An assault in the third degree is when you:
· Knowingly or recklessly cause bodily injury to someone; or
· When you use a deadly weapon, only negligence may apply.
It is considered a Class 1 Misdemeanor. You could face up to three years in prison.
Case Example:
A 20 year old male was arrested at 1:14 a.m. on April 24, 2010, at his Denver home by Denver police pending investigation and later charged with robbery and third degree assault of a 59 year old male victim, which occurred on April 15, 2010 at the Cherry Creek Shopping Center. A security camera showed the 20 year old fleeing the shopping center. The assailant, allegedly mangled the victim’s pinky finger so severely during an iPad theft as the victim was nearing the parking lot of the shopping center that most of the victim’s finger was later amputated. The victim had just bought the ipad at the shopping center for a friend.
If you are arrested for assault and battery charges in Colorado, you should not try and handle the matter yourself. Instead, you should hire a Colorado criminal defense attorney. A guilty plea or conviction for assault or battery could prevent you from getting financial aid for college or from obtaining employment, and you could be branded as a violent criminal for the rest of your life. The attorney may be able to get the charges reduced by arguing menacing, misdemeanor endangerment, mistaken identity, or dismissed by arguing self defense, defense of property or defense of others or no credible threat.
Homicide numbers are jumping at startling rates this month. All five boroughs are reporting drastic increases in gang activity and domestic murders. Shootings in general resulting in serious injury are up over 25% this year from 2009.
Last year New York had the lowest murder rate in history. Now a few short months later it seems shootings are at an all time rise. NYPD feels as if their big success is losing ground.
Fellow New Yorkers sense the rise has to do with smaller police divisions and less officers on the streets. This is of course responsibility to the top secret terrorism operations needed in order to protect New York City. Economic times and lack of police funds this year is another reason for increased violence. Police officials claim more funds are being cut and may only worsen the effects in the city with fewer officers out on the streets.
Police officials have long credited the dramatic drop in crime last year to Operation Impact. A scheme when rookie NYC officers are sent out in uniform, in crime prone neighborhoods. With more police presence it is thought crime numbers would lessen. This theory seemed proven true until the past few months. Murder numbers are especially high in domestic related situations. Operation Impact is not meant to discourage such violence, but for gang related crime.
With the sudden surge in crime throughout the city, the NYPD will be bringing on officers from borough task forces to supplement the efforts in intense crime areas.
Jermaine Ruiz 24 of Brooklyn, according to the Huffington Post, is an example of domestic related homicide issues in NYC. He was charged with three counts of murder in the stabbing deaths of his girlfriend, Jessica Ybe, 22, and her 2 and 5 year old daughters. Neighbors said he asked where he could “dispose of heavy garbage that smells badly” (NY Daily News). He confessed to the murders and his own father called NYPD on him. They had 2 other children together who were unharmed and being watched by their grandparents.
The public defenders office has been assigned to Mr. Ruiz as counsel. While no private Attorney has been assigned to this case, he will need a very good Criminal Law Attorney in order to begin a defense with a promising outcome.
NYPD needs to come up with a plan for crime situations such as these. Everyday we hear about children being murdered or sexually abused by relatives or family friends. Gang violence has always been a threat for the city but now their focus needs to shift gears. Tougher enforcement on domestic violence and protection orders is needed. In the end it may result in saving a lot of lives.