September 17, 2010 By Wallin & Klarich

On September 15, 2010, boxer Floyd Mayweather, Jr., was charged with four felonies and four misdemeanors stemming from an alleged incident with his ex-girlfriend and their three children at her apartment.

The Nevada felony complaint alleged that, on September 9, 2010, Mayweather threatened two of his children by stating that if they called 911 or left the apartment, he would “beat [their] ass.” Mayweather also allegedly beat his ex-girlfriend and took her cell phone. He allegedly threatened to make his ex-girlfriend or her current boyfriend “disappear.”

Mayweather was charged with two counts of a felony assault-type crime, one count of felony robbery, one count of grand larceny, one count of misdemeanor battery, and three counts of a misdemeanor assault by conditional threat-type crime. Mayweather’s arraignment is set for November 9, 2010.

In California, assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Penal Code section 240.) Assault by conditional threat occurs when a perpetrator threatens to use force against the victim unless the victim does something which the perpetrator has no right to demand. (See People v. Page (2004) 123 Cal.App.4th 1466, 1473.) Whether an assault is a misdemeanor or felony depends on the circumstances, such as the status of the alleged victim or whether the alleged victim used a deadly weapon.

Under Penal Code section 242, “[a] battery is any willful and unlawful use of force or violence upon the person of another.” Battery against a person with whom the perpetrator has a child may be considered domestic violence. (Family Code section 6411(d).) Battery may be a misdemeanor or felony, depending on the circumstances of the crime.

Grand larceny is a theft when the value of the property taken is over $400, or certain other items regardless of value, such as domestic livestock or a firearm. (Penal Code section 487.) Grand larceny is punishable by either up to a year in county jail, or 16 months, two years, or three years in state prison. (Penal Code section 487(a).) If the item taken was a firearm, then the punishment is 16 months, 2 years, or three years in the state prison. (Penal Code section 487(b).)

Robbery is the unlawful taking of personal property of another from his or her person by force or fear. (Penal Code section 211.) Robbery is a felony, but the punishment varies depending on the circumstances of the crime. (Penal Code section 213.)

If you or someone you know has assault and battery charges pending, you will need an experienced Southern California defense lawyer who is familiar with assault and battery laws. At Wallin & Klarich, we have defended people accused of assault and battery for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

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