Assault/Battery

A 46-year-old woman was arrested on suspicion of assault with a deadly weapon after officials say she struck another woman with a crowbar during a fight in a Home Depot parking lot. According to The Orange County Register, the incident occurred in the 600 block of South Harbor Boulevard in La Habra. The victim apparently suffered a laceration to her head, but was alert and talking. Police said a prior bad relationship between the two women led to the fight and assault.

According to California Penal Code Section 245 (a) (1): “Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”

An assault with a deadly weapon charge can be charged as a misdemeanor or a felony. The seriousness of the charges usually depends on the type of “weapon” that was used in the assault, the extent of the injuries suffered by the victim, and if the victim was a law enforcement or peace officer such as a police officer, firefighter, or some other type of emergency worker.

In order to prove an Orange County assault with a deadly weapon charge, the prosecution must show that the defendant assaulted someone and that the assault was committed with an instrument or weapon that had the potential to cause great bodily injury. Remember, the injury does not have to be severe. All that the prosecution needs to prove is that you had the ability and the intent to cause severe bodily injury to the other person.

If you or a loved one has been accused of committing a violent crime in Orange County, an experienced La Habra assault defense attorney at the Law Offices of Jeremy Goldman can help you understand your options. Please contact us at (800) 349-1619 for a no-cost consultation.

An Anaheim man was arrested after stabbing a man in his Santa Ana home with a steak knife on December 19, according to The OC Register. The incident occurred after the two men had been arguing over whether the 20-year-old Anaheim resident should drive home after he had been drinking at a party they had been at that night. The two had apparently settled their argument and arrived at the home of the 39-year-old Santa Ana man when the 20-year-old stabbed him in the upper torso with the steak knife.

Police and emergency responders came to the house shortly afterwards. The suspect has been arrested for assault with a deadly weapon and the victim was taken to a nearby hospital and is not believed to have suffered life-threatening injuries, according to Santa Ana Police.

Assault with a deadly weapon in Orange County can result in harsher sentences than regularly prosecuted assault in California. Under California Penal Code 245, a deadly weapon is defined as an instrument other than a firearm or a mean of force which when used is likely to cause great bodily injury. Those convicted of assault with a deadly weapon can be punished by a state prison sentence of two, three, or four years, a maximum one year in county jail, a fine no greater than $10,000, or both the fine and prison sentence.

If you or a loved one is facing assault charged in California, the Santa Ana violent crimes defense attorney, Jeremy N. Goldman, can protect you against severe penalties. Mr. Goldman has years of experience and knowledge at the ready to serve you in court. Call him today for a consultation on your criminal defense case at (800) 349-1619.

Different states have different definitions of “assault” and “battery,” which makes understanding the difference more confusing. Some states do not have battery in their criminal code and attribute its traditional definition to that of assault, and traditional assault is designated with another term, such as menacing. Assault and battery in California are both found in the state’s Penal Code and both are defined traditionally.

According to section 240 of CA Penal Code, “… assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” This does not mean that the person actually causes bodily injury. If the person is able and tries and/or threatens to do so, it is considered assault. A person convicted of assault in California is subject to a maximum fine of $1,000 and/or a maximum jail sentence of six months. Assault with a deadly weapon carries harsher penalties, however, with a maximum fine of $10,000 and/or a prison sentence of two, three, or four years.

Battery is defined as “any willful and unlawful use of force or violence upon the person of another.” Unlike assault, battery involves actual physical injury to another person. It may help to think of the two as intention and action. Assault is the intention to cause bodily harm, while battery is the action of causing bodily harm. The penalty for battery is a maximum fine of $2,000 and/or a maximum jail sentence of six months. If the battery causes serious bodily injury, the penalties increase to a maximum jail sentence of one, two, three, or four years.

Probation is also an option in many assault and/or battery cases, but in order to have the chance for probation, a suspected offender must be able to present a solid defense against the charges. If you have been charged with assault and battery in Southern California, the aggressive Orange County assault and battery defense attorney Jeremy N. Goldman has the skills and resources to obtain the best possible outcome for your particular case. Call him today for a consultation at (800) 349-1619.

A 79-year-old Vietnamese American man has announced that he is a victim of a “horrible injustice.” In October, he had been cited for driving 52 mph in a 35 mph zone when he became agitated and punched and kicked the police officer twice in the chest, shoulder and groin.

The officer took the 79-year-old man to the ground and handcuffed him, leaving minor abrasions on his wrists and face. Shortly after, the man was taken to a nearby hospital for the injuries. The report also indicated that the usual procedure for assaulting a police officer is to book the assailant in Orange County jail; however, police released the man from the hospital with just a citation because of his age.

The man maintains that he did not attempt to assault the officer and feels that his civil rights have been obstructed, requesting police to conduct an internal investigation and file a federal civil rights complaint. The defense claims that the incident occurred largely because of cultural differences.

According to the defendant’s family, the man was attempting to show respect to the officers by standing up. He refused to sign the citation because in Vietnam, signing papers indicates a guilty plea. The Orange County District Attorney has charged the elderly man with one count of each misdemeanor battery and assault.

A conviction of assault or battery can have negative and lasting effects on a person’s record. It could prevent employment and affect your relationships with others. If you have been charged with assault and battery in Orange County, contact the Law Offices of Jeremy N. Goldman for a free evaluation of your case. With over 14 years of experience, our Orange County violent crime defense attorneys can help you achieve the best possible result for your case. Call (949) 622-5417 today.

Source:http://www.ocregister.com/news/tran-224299-police-officer.html

According to a Los Angeles Times article, a 12-year-old boy from Calabasas was assaulted on two incidents at A.E. Wright Middle School by as many as 14 other students on Friday, November 20. Investigators believe that Facebook is a potential motivator for the attack.

An unnamed Facebook group sent out a message to users indicating that Friday was “Kick a Ginger Day.” The term “ginger” is given to people with red hair, fair skin and freckles, and was popularized in America by a 2005 episode of “South Park.” Several similar incidents were reported last year on the same day in Canada.

The victim, being a redhead, was a primary target. He was accosted by seventh- and eighth-graders. Apparently, they hit him with their fists and kicked him in various areas of his body. Detectives continue to investigate the incident and believe it to be an assault with a deadly weapon. As of yet, no arrests have been made.

Middle school children are impressionable and act out for a variety of different reasons including social pressures, drug abuse, cognitive impairment, behavioral problems and sometimes mental illness. Children who live in poverty or with unstable families are typically more likely to commit crimes.

In the above case, it is probable that the attackers were incited by social pressures to keep up with popular culture, which explains why there were multiple attackers. Still, parents and educators need to respond to such acts of violence with discipline and concern.

If your child has committed a crime, it is important to identify the cause of the problem as well as look for the proper treatment and care in order to eradicate abusive behavior. You should also contact an experienced Orange County criminal defense lawyer to assess your juvenile crime case as well as build a solid defense for the juvenile. At the Law Offices of Jeremy N. Goldman, our skilled attorneys have assisted many juveniles accused of a wide-range of offenses. For more information regarding how we can help protect your child’s rights, call (949) 622-5417 for a free consultation.

Source:http://www.latimes.com/news/local/la-me-ginger22-2009nov22,0,1322150.story