Category : Assault & Battery

California Hazing Codes

 

 

 

California Hazing Codes

Participating in a hazing crime in California is considered a serious offense. You could be charged with a misdemeanor hazing offense or a felony hazing offense depending on the circumstances surrounding the crime and whether someone died. If convicted, you could face jail time and/or fines and penalties. Under California Penal Code 245.6, a hazing crime must involve the following circumstances:

•    Be part of an initiation or pre-initiation ceremony into a student organization or student body
•    Involve serious bodily injury to a student at a school or college
•    The hazing event does not include customary sanctioned athletic events or school events

This means that a hazing crime must occur in at school setting such as a high school of college sporting event or a sorority or fraternity pledging where upperclassmen or women are requiring freshmen to go through a series of tests.  An example is the sports hazing death of Florida A & M drum major Robert Champion in 2011.

For criminal penalties to incur, serious bodily injury must include something like the following:

•    Loss of consciousness
•    A head injury such as a concussion
•    A broken bone
•    Loss or impairment of a body part
•    A wound requiring extensive stitches
•    Serious disfigurement

Even if someone is not seriously injured, if the hazing could cause a serious bodily injury to any student in school or college in the State of California, it is still considered a crime.  However, a hazing incident which is considered humiliating or degrading would not be considered a crime under California Penal Code 245.6.  Customary school athletic events or other events planned by the school administration are also not considered criminal hazing events.

Penalties

When someone is seriously injured or dies as a result of a hazing event in California, the prosecutor has the discretion to charge anyone who participated in the hazing with either a misdemeanor or felony depending on the circumstances surrounding the case and the defendant’s prior criminal history.

If convicted of a misdemeanor hazing criminal in California, you could face a minimum fine of $100 to a maximum up to $5,000, and/or a one year jail sentence.  If you are convicted of a felony hazing charge, you could face a minimum 16 months up to three years jail time.  If you are a minor charged with a hazing offense, the case will be under the jurisdiction of the California Juvenile Court system instead of the California Criminal Court system.
A hazing victim or family of the victim may also file a civil lawsuit for damages against you or an organization that the victim was attempting to join if someone associated with the organization authorized the hazing incident.  So you could face both a criminal and non-criminal civil proceeding.

Fighting Your Hazing Charges

If you are charged with a hazing offense in California regarding a high school or college hazing matter, a knowledgeable and experienced California criminal defense attorney can help you fight the charges by arguing strong defenses to try and get the charges reduced to a lesser crime or get the case dismissed so that you don’t ruin your life and miss the opportunity to receive academic or athletic scholarships or other funding or jeopardize your changes of playing professional sports.

Federal Charges Filed Against Boston Marathon Bombing Suspect

Federal Charges Filed Against Boston Marathon Bombing Suspect

Government authorities have apprehended and charged 19 year old Dzhokhar Tsarnaev, one of the suspects in the Boston marathon bombings, which took place on Monday April 15, 2013. The suspect was taken to an area hospital where he is recovering from gunshot wounds to his head, neck, legs and hand. The other suspect, 26 year old Tamerlan Tsarnaev, and the older brother of suspect Dzhorkhar Tasrnaev, was killed in a gun battle between police on Thursday April 18, 2013, in Watertown after police found a car stolen earlier in the evening by the suspects during a carjacking. The man whose car had been carjacked told police that the suspects forced him to withdraw money from an ATM. He was later able to escape when the suspects stopped for gas.

Authorities were able to identify the suspects through security cameras with video and still images, which showed the two brothers carrying and placing two backpacks near the finish line of the Boston Marathon race containing pressure cooker bombs that exploded through the crowd, killing three people and wounding more than 200, many of whom lost limbs and some whom are still being treated at area hospitals. Authorities have decided to use the “public safety exception instead of giving Dzhokhar his Miranda rights in order to question and obtain information from him as to the motives and whether others were involved.  According to government officials, although the suspect is unable to speak as the result of a wound to his throat, he communicated to investigators that he and his brother acted alone and that they learned how to make bombs on the Internet.  A 10 page complaint has been filed charging Dzhokhar Tsarnaev with two federal charges – conspiring to use weapons of mass destruction and malicious destruction of property with an explosive device and could face the death penalty.

A lawyer for the widow of deceased suspect, Tamerlan Tsarnaev, says she knew nothing about her husband’s involvement in the bombings until she learned about it on television like everyone else. FBI investigators visited the lawyer at her parent’s home in Rhode Island on Sunday, April 21, 2013. Investigators are looking into possible motives and whether the brothers had ties to Islamic terror cells. Of particular interest to investigators is a sixth month period that Tamerlan Tsarnaev spent in a predominately Muslim province of Dagestan and Chechnya to determine if he may have been radicalized by militants in the area.

Facing Terrorist Charges

After 911, federal and Massachusetts laws and penalties have become stricter regarding acts of terrorism in the United States. Law enforcement agencies have been working together to stop terrorism plots and activities and prosecutors are vigorously prosecuting those accused of committing terrorist acts.

If convicted of a crime of terrorism such as using weapons of mass destruction, you could face life in prison without parole or the death sentence when victims are massacred such as in the case of the Boston Marathon bombings. Even if you did not commit a terrorist act, you could still be charged with related charges of aiding a known terrorist or hindering a prosecution resulting in jail time and/or other penalties or fines. If you believe that you are the target of an investigation relating to a terrorist act or you have been charged with terrorism or related offenses, these are serious charges that require the representation of an experienced and skilled criminal defense attorney

Rutgers Basketball Coach Rice Fired for Shoving Players and Using Gay Slurs

Rutgers Basketball Coach Rice Fired for Shoving Players and Using Gay Slurs

On April 3, 2013, Rutgers University President Robert L. Barchi and Athletic Director Tim Pernetti made a joint decision to fire Rutgers basketball Coach Rice after an ESPN videotape, made by a former Rutgers employee, was broadcast on Tuesday April 2, 2013 showing Coach Rice shoving, grabbing and throwing balls at players and using gay slurs during incidents occurring during 2010 through last year. Athletic Director Tim Pernetti had previously notified President Barchi last fall of such incidents. The University sought the advice of internal and outside counsel and made the decision to suspend Coach Rice for three games, penalized him $75,000 in fines, which also included loss of salary, ordered him to undergo anger management counseling and put him on notice of the University’s zero tolerance policy of any additional infractions.  The scandal broke in the midst of televised March Madness Basketball Playoffs.

Fired Coach Mike Rice admitted he was wrong and has made no excuses for his behavior.  Tim Pernetti, the Athletic Directora  top in house lawyer and an assistance coach, Jimmy Martelli also have resigned.   The Associated Press details reveal Pernetti walks away with $1.2 million in salary plus car allowance, health insurance and more.  Additionally, Rice’s firing was not for cause which allows his contract to demand just over $1 million or 75% of his remaining salary, plus a $100,000 bonus for staying on the job during the 2012-2013 season.  Coach Rice’s behavior has received sharp criticism from Governor Chris Christie as well as some faculty members, alumni, students and from social media comments from the public.

Will Coach Rice Face Criminal Charges?

There are a wide range of opinions as to whether Coach Rice should be charged with any criminal charges. Whether Coach Rice committed a crime such as simple assault or a more serious hate crime offense has not been investigated or determined. Although State Assembly Speaker Sheila Oliver is calling for hearings regarding the incident.

New Jersey Simple Assault Offense

Under N.J.S.A. 2C:12-1(a), the offense of attempted simple assault is “considered a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.”

New Jersey laws define simple assault as when an individual attempts to cause bodily injury to another person or puts that person in fear of imminent serious harm or engages in menacing conduct. Such conduct includes:

“(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.”

Under the statute, “Bodily injury” and “serious bodily injury” are further defined as physical pain, illness, or any impairment of physical condition. Sentencing and penalties include up to 6 months in jail or up to a maximum of 30 days in jail for petty disorderly offenses with fines ranging up to $1,000. The simple assault crime can be charged as a second, third or fourth degree offense depending on the level of assault and who the assault was committed against.

New Jersey Bias Intimidation Statute 2C:16-1

In addition to being charged with a simple assault offense, a person could also face a bias intimidation charge (hate crime) under New Jersey Bias Intimidation Statute 2C:16-1. Under such Statute, a person is considered guilty of the crime of bias intimidation if he or she commits or conspires with another with a purpose of intimidating an individual or group of individuals with regard to their race, color, religion, gender, handicap or sexual orientation or ethnicity. If convicted, a person can face up to a 30 year prison sentence for bias intimidation in New Jersey.

Legal Assistance

If you are facing an assault and/or bias intimidation charge in the State of New Jersey, you should consult with an experienced New Jersey criminal defense attorney to help you fight the charges. Since New Jersey criminal laws are complex, a good New Jersey criminal defense attorney can help defend you and guide you through the criminal justice system making sure your rights are protected.   If you’ve ever play organized sports, you know that there are a lot of coaches who’s coaching style is through violence and intimidation as a motivational technique.  However, coaches rarely are arrested for such violence against their players.  Players rarely have incentive to report such assaults.  The situation is complicated as coaches have the power to revoke athletic scholarships.  More work needs to be done to keep winning coaches, successful athletic departments and key college athletes all on the playing field.  Success is more than just being good at your sport.

 

 

Defendants in FAMU 2011 Hazing Death Case Now Facing Stricter Manslaughter Charges

Defendants in FAMU 2011 Hazing Death Case Now Facing Stricter Manslaughter Charges

Stiffer charges of manslaughter have now been filed by the new prosecutor against the 13 defendants accused of participating in the 2011 death of 26 year old Florida A & M University (“FAMU”) marching band member Robert Champion. According to authorities, Champion died of multiple blows from many individuals during a hazing ritual aboard a charter bus parked in a hotel parking lot after an annual rivalry football game between FAMU and Bethune-Cookman in 2011. In addition, prosecutors have also charged two more individuals with manslaughter, who are awaiting arrests.

The manslaughter charge carries a penalty of up to 15 years in prison in Florida. A status hearing on the case has been set for August 2013.  It is not unusual for prosecutors to charge a defendant with a lesser charge while investigations are ongoing and later change the charge to a stricter one when more evidence has been found to justifying doing so.

Two other former band members were not among the 13 charged. Their cases were resolved last year. Both defendants pleaded no-contest to third degree felony hazing and have since been sentenced.  One former FAMU band member received six months of community control, two years probation and 200 hours of community service.  The other band member received four years of probation and 200 hours of community service. The FAMU has since taken measures to fight hazing and has suspended the band. The University is also looking for a new director of the band. Champion’s parents previously rejected an offer to settlement with the University for $300,000 in a civil wrongful death lawsuit filed by the Champions against the University.

Florida Manslaughter

Manslaughter differs from murder in that it is the result of killing someone without premeditation or malice as a result of an accidental death. In Florida, manslaughter is considered a second degree felony. A manslaughter conviction carries up to 15 years in state prison.

Florida Manslaughter Criminal Defense Attorney

If you or someone you know have been charged with a manslaughter offense in Florida, you should hire a Florida manslaughter criminal defense attorney immediately. At Imhoff & Associates-Criminal Attorneys, we have years of experience diligently representing clients charged with manslaughter. Your Imhoff criminal defense attorney will review all the details of your case to make sure that the all the facts are uncovered so that we can build a strong defense on your behalf. Your Imhoff attorney will argue such defenses as excusable homicide (result of an accident or in the heat of passion), justifiable homicide or self-defense (resisting an attempt by someone to kill or harm you, defending yourself) or defense of others in order to get your charges reduced to a lesser crime, get you alternative sentencing or get your charges dropped, depending on your specific case details.

 

Sacramento Domestic Violence

Sacramento Domestic Violence

A 36 year old Sacramento man was arrested for allegedly killing his 9 year old son with a hatchet while his son was sleeping on a couch.  Police were called to the scene of a North Sacramento home on Tuesday, February 26, 2013, where they found the victim dead. According to police, another resident of the home heard glass shatter and found the victim. The accused has served time in prison for domestic violence, and was involved in a bitter custody battle with the child’s mother. He is being held in jail and will be arraigned on Friday March 1, 2013.

 

California Domestic Violence Laws

Domestic violence incidents involve an assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any physical injury or death committed by an individual against a spouse or former spouse, family member or relative, person they are currently having a relationship with or have had a past relationship with, or someone living in the same house. You could face felony domestic violence charges, a misdemeanor battery charge or a murder charge if you kill the victim. Under California penal code Section 422, even making a threat to harm a victim is also considered a domestic violence crime.

Sentencing and Penalties

A conviction for a misdemeanor domestic violence offense means you could face a minimum 30 day jail sentence and/or community service as well as having to attend a mandatory 52 week batter’s class. You could receive one year in county jail or two to four years in state prison and/or a fine up to $6,000 for a felony domestic violence conviction. For a murder conviction, you could face 15 years to life in a California state prison or life without the possibility of parole or the death penalty.  Under California’s three strikes law, you could receive a mandatory 25 years to life prison sentence if you are convicted in California of three felony crimes.

Sacramento Domestic Violence Attorney

If you have been arrested for a domestic violence offense or murder in Sacramento, you will need the expertise of an experienced Sacramento domestic violence attorney to help you fight your charges. At Imhoff & Associates-Criminal Attorneys, we understand the seriousness of such charges and the impact a conviction can have on your life and your family.  A good domestic violence criminal defense attorney will investigate the evidence against you, interview witness and negotiate with the prosecutor to either get your charges reduced to a lesser crime, get your alternative sentencing or get your charges dismissed, depending on your case situation.

 

 

 

 

 

Head of IMF Charges Dismissed

Head of IMF Charges Dismissed

Charges filed against Dominique Strauss-Kahn, the former head of the International Monetary Fund (IMF) in May 2011 for allegedly sexually assaulting an immigrant hotel housekeeper,  Nafissatou Diallo, in his New York Sofitel hotel room, were dismissed in August of 2011.  Mr. Strauss-Kahn maintained his innocence throughout the ordeal pleading not guilty to all charges. Lack of evidence and credibility issues regarding the accuser’s past ended up undermining the prosecution’s case. The dismissal order was issued by Justice Michael J. Obus of State Supreme Court in Manhattan.

The victim’s lawyer claimed that Mr. Strauss-Kahn forced the victim to perform oral sex.  The victim’s attorney’s motion asking that the District Attorney’s office be disqualified was denied and also struck down on appeal.  The victim’s civil lawsuit suit against Mr. Strauss-Kahn was settled on December 10, 2012 for an unspecified amount of damages. Mr. Strauss-Kahn is expected to return to France after winding up his U.S. personal matters. Mr. Strauss-Kahn still is facing legal troubles in France where he was charged with a different sex crime in October 2011 in Lille.

Hiring a Criminal Defense Attorney

If you have been charged with a sexual assault charge, you could face a long prison sentence, fines, penalties and have to register as a sex offender. You should hire a criminal defense attorney immediately to represent you.

 

Domestic Violence not Hate Crime

Domestic Violence not Hate Crime

Eight months of investigation regarding the beating death of Shaima Alawadi, an Iraqi woman, led to the arrest of the victim’s husband, 48 year old Kassim Alhimidi on Friday November 9, 2012. Mr. Alhimidi has been charged with murder.  El Cahon police say the slaying was the result of a domestic violence incident and not a hate crime. According to sources, Mrs. Alawadi was planning to divorce her husband and take the children to Texas and her husband was aware of her plans for quite some time.

A threatening note that called the family terrorists and telling them to go back to where they came from was found near Mrs. Alawadi’s body. The family confirmed that a similar note had been left at their door several weeks earlier, but the incident had not been reported to the police nor did they keep the note.

The crime sparked international intention, especially among the Muslim community, when earlier reports indicated that it might be a hate crime. In a tearful interview with media after the incident, Mr. Alhimidi’s claimed to the Arabic Al Arabiya News that:  “My wife was a victim of xenophobia.” However, evidence police found in Alawadi’s Ford Explorer revealed that she was in the process of filing divorce papers, which were partially completed in her own handwriting.

Alhimidi has denied the murder charges and insists that it was a hate crime. Police advised him that pings from his cell phone place him near the home at the time of the homicide. The couple’s four youngest children are currently in protective custody. Hanif Mohebi, the executive director of the San Diego chapter of the Council on Islamic-American Relations said, “Since the beginning our ultimate goal was to get justice for Sister Shaima Alawadi.”He also referred to the case as “a family tragedy,” and said that domestic violence “has no place in our faith.”

California Domestic Violence Offenses

A domestic violence incident involves an assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any physical injury or death committed by a person against a current spouse, former spouse, girlfriend, fiancée, a person involved in a dating relationship or other family member. You could be charged with a felony domestic violence crime or a misdemeanor battery in San Diego if you commit domestic violence or with murder if you kill the victim. Threatening to harm the victim is also considered domestic violence under California Penal Code Section 422.

Sentencing and Penalties

If you are convicted of a misdemeanor domestic violence offense, you could face a minimum jail time of 30 days and/or community service as well as mandatory attendance of a 52 week batter’s class. For a felony domestic violence conviction, you could receive one year in county jail or two to four years in state prison and/or a fine up to $6,000.

Hiring a San Diego Domestic Violence Attorney 

If you have been arrested for a domestic violence offense or murder in San Diego or the surrounding areas, it is important that you hire a San Diego domestic violence attorney immediately to defend you.

Parents Involved in Pre-School Brawl

Parents Involved in Pre-School Brawl

On June 7, 2012, at approximately 9:30 a.m., a fist fighting broke out at Lenicia B. Weemes Elementary School located at 1260 W. 36th Place, Room K-3, Los Angeles, 90007 between parents of pre-school children during their children’s graduation ceremony, while terrified children watched in the background. The incident can be traced to budget cuts resulting in approximately 30 children having to share one caps and gowns, one set for the boys and one set for the girls, during graduation pictures.

Facts:

According to witnesses, a room was filled with approximately 35-50 people, including parents, children and teachers, when a fight began between two mothers, after one mother (victim #3) accused the other mother of taking too long with a graduation gown. Parents became frustrated and several parents starting punching with their fists, pulling hair and a chair was allegedly thrown at victim (#3), who also reported her keys and purse missing. She later identified suspects #1-#4, stating that suspect #1 punched her, threw her on the ground and threw a chair at her. She accused suspect #2 of throwing a table at her and pulling her purse off her shoulder, accused suspect #3 of pushing her mother and accused suspect #4 by stating that,… “she did everything.”

Although there was some confusion between two suspects who were both identified as suspect #1, one of which was charged with robbery, but not named as a defendant on any felony complaint, and another who was also charged with robbery and named as a defendant on the felony complaint. However, later the first suspect #1 admitted that she accidently took the purse.

Suspect #2 was charged under California Penal Code Section 245(a)(1) with assault with a deadly weapon, which carries a sentence of 2-4 years in a California state prison, if convicted. Her charges were dismissed at the preliminary hearing.

Another victim (#1) said her phone was stolen as she came out of the rest room. The school reported that one victim sustained a cut lip, although it was not clear which victim. Victim #2, the mother of victim #3, said her purse was taken, but it was discovered later on the grass across the street from the school with any its contents accounted for. Victim #2 was treated by paramedics for anxiety and elevated blood pressure.

A witness who arrived late to the graduation took a video of the brawl with his cell phone, which later went viral over the world wide web. From the video, it was hard to determine who did what. None of the charges could be proved at the preliminary hearing. After reviewing the video approximately 10 times, Judge Bianco did not hold the defendants to answer.

While this may be an unusual incident, it does demonstrate how social economic impacts such as budget cuts at an inner city pre-school can turn a joyous graduation celebration into an emotional and heated argument resulting in an unfortunate situation where people can get hurt.

If you are facing a felony charge of assault with a deadly weapon or a robbery charge in California, you should hire a California criminal defense attorney to defend you. For a conviction of assault with a deadly weapon, you could face prison time of from 2-4 years and fines up to $10,000. Under Section 245 (a) (1), a deadly weapon is considered any object, other than a gun, that is “capable of producing and likely to produce death or great bodily injury, that is not part of your body, including a knife,  pencil or even a motor vehicle. Use of a gun enhances the penalties to Assault with a Firearm under Penal Code 244, and you can face a $10,000 fine and a four year state prison sentence. The attorney can argue self-defense, defense of property or defense of others, no credible threat, false accusations, the victim consented to the assault, or insufficient evidence.

If convicted of robbery under California Penal Sections 211-215, you could face up to 3, 6 or 9 years in state prison for first degree robbery. For a conviction of robbery in the second degree, you could get a sentence up to 2 to 5 years in state prison. The attorney can argue insufficient evidence, another person pushed you into committing the crime under duress or entrapment.

When you are represented by an experienced California criminal defense attorney, your attorney will vigorously defend you to get your charges reduced to a lesser crime, community service, probation or get the charges dropped.

NFL Saints’ Bounty Scandal

NFL rules prevent that any bonus or award be offered to players directly or indirectly for personal fouls or injuries intentionally inflicted against opposing players. Gregg Williams, assistant coach of the Saints, who left after 36-32 playoff defeat to the San Francisco 49 team, to become the St. Louis Ram’s defensive coordinator, was suspended indefinitely by NFL commissioner Roger Goodell for violating the pay to injure bounty rule. Assistant coach Williams was allegedly heard on an audio tape offering his team bonuses to injure opposing players on the San Francisco 49 team, including running back Frank Gore, quarterback Alex Smith, wideout Michael Crabtree and backup receiver Kyle Williams. Williams’ speech was delivered less than two months before the Saints’ bounty scandal became public and was revealed to Yahoo! Sports by Sean Pamphilon, who had access to the team’s functions during the 2011 season.

The NFL has also decided to uphold its discipline ruling of Sean Payton, the former New Orleans Saints coach, who has been suspended for the entire 2012 season, general manager  Mickey Loomis, who has been suspended for eight games and assistant coach Joe Vitt, who has been suspended for six games regarding the New Orleans Saints’ “bounty program”. The NFL Players Association has retained the international law firm of Fulbright & Jaworski to represent the union in the “bounty” program matter and to work with the NFLPA lawyers in assisting the players who were allegedly involved with representation in the “bounty” program. The League is still deciding whether 27 players who were involved in the bounty program which was in place during the 2009 to 2011 seasons will also be disciplined.

Possible Criminal Charges

While players could face criminal charges relating to this bounty program, a majority of legal scholars agree that it would be rare for prosecutors to charge players for on field acts since sport leagues generally have the authority to police themselves, and cases are tough for prosecutors to prove that football injuries were caused by an accidental assault or battery. However, players could be charged with conspiracy to commit assault and battery under state or federal laws if it can be established that the Saints were conducting a criminal activity by enticing players to injure others for money.

According to the NFL investigation, the Saints bounty system included payouts of $1,500 for “knockouts” and $1,000 for “cart-offs.” There was also alleged evidence of a $10,000 bounty on Brett Favre and a $5,000 bounty on Aaron Rodgers. Therefore, players could also be charged with tax evasion regarding the alleged payouts if they received the money and never declare it on their tax returns. However, since Favre and Rodgers were never knocked out even though they were targeted there would be no tax evasion charges regarding bounties on them.

Hire a Criminal Defense Attorney

If you have been charged with an assault or battery case or conspiracy to commit an assault and/or battery or are facing other criminal charges, you should contact a criminal defense attorney to defend your rights. The attorney can vigorously build a strong defense on your behalf, negotiate with prosecutors to reduce your charges or get you community service, probation or your charges suspended.

Dodgers Fan Sues Owner for $50 Million

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.