Category : Assault & Battery

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.

Assault & Battery Charges are Taken Serious in California

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.

Assault and battery charges are serious in Colorado

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.

North Carolina Couple Arrested for Assault

A North Carolina mother and her boyfriend are facing charges of child abuse and assault with a deadly weapon after the couple made a routine of shooting her three children with a BB gun.

Couple Allegedly Routinely Shot Kids with BB Gun

Officers say that the children of Jessica Pack, 31, were shot with a BB gun dozens of times over a period of three months by both her and her live-in boyfriend, 23-year-old Jackie Nanney.

• Pack has been accused of shooting only one of her children, pulling the trigger at least once
• Nanney has been accused of shooting all three kids

Mother Claims She Tried to Prevent Shootings

Pack insists that she tried to prevent Nanney from shooting her kids, ages 4, 5, and 7. During her first court appearance she explained, “I tried to stop him, but he still wouldn’t.”

Officer Chris Reynolds countered her claim by saying Pack should be held responsible because she failed to contact authorities.

Boyfriend Denies Criminal Charges

Nanney denied the accusations against him, “We’ll shoot cans. That’s all we shoot. I don’t shoot no kids.  No shooting anybody’s going on. We’re just out there having fun.”

Officers point out that the welts and bruises all over the children’s bodies are evidence that cans were not the only targets being shot at.

Others Disgusted by Child Abuse, Assault

The stepmother of Pack’s 13-year-old son, who was not one of the victims, expressed her disgust. “I wouldn’t imagine somebody touching a youngen, especially not shooting a BB gun at them,” said Mendy Payne.

Kids Shot For the Fun of It

Police said that the most disturbing thing about the situation was the fact that it appeared that the kids had been shot because Pack and Nanney thought it was amusing. ”Looks to be he was doing it for the fun of it,” said Reynolds. “It just became what appeared to be a pleasure for him of shooting individuals.”

He added, “They were hit in the bathroom, in the bathtub, outside playing and riding their bike.  It was like fun and games for him.”

(Source:  Gaston Gazette)

Have been accused of domestic violence or assault? Contact Imhoff & Associates today to consult with one of our seasoned criminal defense attorneys FREE of charge. We will work vigorously to ensure that your legal rights are protected and that you are not excessively or unduly punished.

Maryland Men Charged with Armed Robbery

Four men from Ellicott City, Maryland have been charged with five felonies for their alleged roles in a recent robbery of a Pizza Hut in Clarksville, Maryland.

Hugo Perez, 30, Pablo Ramos, 30, Adan Ramos, 27, and Tulio Sandoval, 19, were indicted on the following criminal charges:

• Armed robbery
• Assault
• Theft
• Weapons violations
• Reckless endangerment

According to authorities, these four men all live together in eastern Maryland.

Jose Lopez, 33, a fifth man allegedly involved in the robbery, will also be charged at a later time for his role in the crimes. Lopez, who now has an arrest warrant out, is currently being treated for a gun wound at an area critical care center. Police have stated that Lopez accidentally shot himself in the leg while fleeing the scene in the getaway car.

Details of the Crimes

This pizza place robbery occurred at around 10 p.m. when masked and armed gunmen entered the eatery and corralled all five employees into a backroom freezer. No customers were in the restaurant at the time of the incident, nor was any innocent employee hurt.

While employees were locked away, the robbers proceeded to take all of the money out of the registers and the office safe. They then departed in a white SUV that had been parked outside.

Employee Alerted Police on Cell Phone

Authorities became aware of the robbery when an employee, still locked in the freezer, called 911 from his cell phone and described the robbers, as well as their getaway car, to operators.

Within minutes, a nearby patrolling officer spotted the getaway vehicle and continued to tail it until other patrols could come to backup a traffic stop.

Following the stop, police found both money and guns in the car. All men in the SUV were arrested on the spot.

(Source: The Baltimore Sun)

Have you been charged with a crime? If so, contact us today to talk to an experienced professional who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

$30,000 Settlement Reached in False Arrest Case

A woman living in Syracuse, New York, recently reached a settlement in the suit she filed against the city for her false arrest and imprisonment.

The arrest occurred four years ago and since this time the woman, was arrested on drug charges and despite her pleads with the officers, was taken to the Auburn Police Station.

Law Enforcement Agents Make False Arrest

Teresa Morris says she was getting ready to leave for work on the day when three law enforcement officers came to her home and arrested her on cocaine-related charges.

Morris, who was 39 at the time, was handcuffed in front of her son and taken to the police station where she was questioned, fingerprinted and photographed.

Mother Spends Day in Jail

After three hours of being in jail, the officers realized they had the wrong person, apologized, and took her home, with her handcuffs still on.

According to the suit filed by Morris, she suffered from post-traumatic stress syndrome. She filed the suit against the city claiming false arrest and imprisonment, assault and battery and for the violation of her constitutional rights.

The case was settled this week and Morris was compensated $30,000 in damages for the incident.

(Source: Syracuse.com)

Have you or someone you know been falsely arrested? If so, please contact us today to speak with an experienced attorney who will enable you and your loved ones to be compensated for any wrongdoing.

San Jose Teens Arrested in Connection to Recent Crime Spree

The San Jose Police Department has taken five runaway teens into custody in connection with a recent downtown area crime spree. One male and four females are accused of at least five incidents of assaulting, attacking, and robbing money from downtown victims in broad daylight.

Runaway Teens Survive on Robbery Money

The teenagers, three 15 year-olds, one 16 year-old and a 17 year-old, allegedly act as a group to overwhelm their victims and rob them of their money. Authorities say that all of the teenagers are runaways from the East Bay who fled group and family homes. The group would survive with the money they robbed from people, staying in motels at night. The teens have even gone as far as robbing two people in the same day.

According to Police, the first incident in the robbery spree took place on the morning of November 4th when all four girls in the group approached two other women near East William and Seventh streets. The two women were knocked to the ground, battered, and had their wallets taken from them by the four runaway girls. Another incident took place on November 7th, when three of the teenage girls assaulted a woman near Sunol Street and made her go to a nearby ATM, withdraw cash for them, and quickly fled the scene. An hour or so after this incident, the same group of three of the teen girls assaulted another woman and demanded her purse; the woman refused, tried to run away, only to be chased, beaten and robbed by the teenage girls. Police said that this particular attack was quite violent.

Bystanders Help Police Capture Teen Robbers

The group of teens did not attack only women. As a complete group of five, the teens attacked two men, beat them to the ground, and stole their wallets before all fled the scene. The most current incident in this crime spree was one in which three of the females and the sole male robbed another woman for her purse, this time striking her from behind without notice. After this incident, some bystanders called 911 and helped Police find the five teens.

Police Asking Other Victims to Come Forward

Upon investigating the robbery spree, Police believe that the teens were committing crimes in a different manner than the crude “hit and run” manner that they used. Police hypothesize that in some unreported incidents, the teen girls would pose as prostitutes, luring men to them before they beat and robbed them for their money.

At this point, Police are hoping that any victims of these robberies come forward to help them build their case against the runaway teens.

Arrested on Suspicion of Battery

Bakersfield: A Prosecutor for the Kern County District Attorney’s office by the name of Andrea Kohler was taken into custody at a casino in Santa Barbara County. County Sheriffs say that she was arrested on suspicion of Battery on October 20th; her husband was arrested for the same charge. Neither individual was taken into custody. The report from Santa Barbara County Sheriff Office claims that Kohler and her husband got into an altercation with casino security personnel in which biting and scratching allegedly took place.

Kern County District Attorney Arrested

Forty-three year old Kohler is a Deputy District Attorney that oversees the Prison Crimes Unit. She was a prosecutor in the infamous 2006 Bruce Sons murder trial; ironically, Kohler is set to appear to the same court in Santa Maria where she participated in the Sons Trial.

Kohler and her husband were at the Chumash Casino in Santa Ynez, where the incident took place, celebrating after attending the wedding ceremony of one of her colleagues at the District Attorney’s office. According to Sergeant Erik Raney of the Santa Barbara Sheriff, a small confrontation between the Kohler couple and security for the casino lead the incident to become more serious. The Sheriff’s report claims that Andrea Kohler’s husband, Gregory Kohler, was intoxicated and exiting the casino when he intentionally kicked a sliding glass door, knocking it off its tracks. When security guards flocked to see what happened, Gregory Kohler was allegedly highly confrontational and maliciously backed one of the guards into a space where he was prevented from walking away. Andrea Kohler walked up as the incident was taking place just as other guards approached.

Husband and Wife Charged with Misdemeanors

Upon the attempt to detain the Kohlers, it is alleged that Gregory Kohler bit one of the security guards and Andrea Kohler scratched another on the neck. The entire altercation was recorded with the casino’s surveillance camera system. Both were cited for Misdemeanor Battery at the scene and allowed to go free. No formal charges have been filed at this point, but both Mr. and Mrs. Kohler are supposed to appear in a Santa Maria courthouse on November 15th.

Four Men in Bakersfield Accused in Fight Arraigned

Bakersfield: Four individuals accused of being involved in a fight with Bakersfield Police officers were arraigned in Superior Court; three suspects are still yet to be arraigned.

Four Men Charged in Relation to Fight

All four men, Dagoberto Amaya, Vladimir Bonilla, Marco Antonio Vargas, and Arturo Vargas entered not guilty pleas. The oldest out of the four suspects, thirty-four year old Amaya, was charged with Assault With a Deadly weapon, Resisting Arrest, and Affiliation with a Street Gang. Campos, the youngest of the suspects at age eighteen, was charged with Inciting a Riot. Both Vargas and Bonilla were only charged with Resisting Arrest. All four men are to be in court on November 8th for their preliminary hearing. The three men who are yet to be arraigned are Eduardo Luivano, Neysa Sanchez, and Emmanuel Cardona, all of whom were arrested for being in the fight. Two minors, one age sixteen and another age seventeen, were also arrested in connection with the fight; their names are yet to be released.

Police Called to Gang Fight

The incident began as officers were called late at night on a Saturday evening to respond to reports of a gang fight in the 300 block of Kincaid Street. One of the four arraigned suspects shouted orders to the crowd of people, instructing them to throw glass bottles and metal poles at the responding officers. According to Lieutenant Mike Cantrell, Officer Patrick Mara was knocked unconscious for a very short period of time when he was struck in the head with a beer bottle. The officer was not severely injured and did not require hospitalization.

All four of the arraigned men are currently in Kern County Jail, while the two unnamed juveniles are in the Juvenile Hall.

Sacramento CHP Injury Charges

YOLO COUNTY: A man that was arrested last week involving a California Highway Patrol officer that was struck with a motorcycle during a high-speed chase with Police has been arraigned on four felony counts.

Felon Charged with Attempted Murder

Injured from the ordeal and in a wheelchair, the 36 year-old entered a plea of not guilty in a Woodland courtroom. The man is being charged with evasion of a police officer with causation of injury, assault on a peace officer, driving under the influence, and mayhem. While the suspect could have easily faced an attempted murder charge, the District Attorney chose to file the lesser charges because he is confident that he can prove them, and avoided the filing of charges that he does not think he can prove beyond a reasonable doubt. However, this does not mean that the ongoing investigation will not produce any further charges to be added to the four that the suspect is currently facing.

CHP Officer Injured in High-Speed Chase

Reports say that 29 year-old California Highway Patrol officer Eduardo Garcia is recovering from his injuries at UC Davis Medical Center; he suffered multiple injuries that included two broken legs. The suspect was also injured. Allegedly, he led police on a high-speed chase with speeds approaching 125 mph through rural roads in both Yolo and Solano counties. According to the CHP, Patrolman Garcia and another officer had used their vehicles to set up a roadblock on County Road 23. The suspect tried to split the officer’s cars, but failed and struck Garcia. After causing the officer’s injuries, the suspect injured himself when he lost control of his Suzuki motorcycle and crashed into a ditch.

Suspect Held on $500,000 Bail

Because his prior criminal record and currently being on probation for possession of methamphetamine and receiving stolen property, the suspect is currently in Yolo County Jail with bail set at a half-million dollars.