Assault & Battery
Domestic Violence – Exigent Circumstances May Justify An Officer’s Warrantless Entry Into Your Residence (Part 2)
In the context of an officer's warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer's warrantless entry into your residence was objectively reasonable. If so, the "exigent circumstances" expection to the general warrant requirement may apply to justify the entry. A common issue in domestic violence cases is whether the officer responding to the scene should have secured…
Read MoreDomestic Violence – Officer’s Presence At One’s Residence (Part 1)
Several cases have involved situations wherein officers go to a residence in response to a report of domestic violence being committed. Generally, if an obviously battered victim is present and the batterer is still within the residence, the officer may enter the residence to arrest the batterer. This was expressed in the case of People v. Frye (1998) 18 Cal.4th 894. The issue is whether, in light of the facts…
Read MoreCriminal Defendant Wanted a Jury Instruction But Failed to Set Up the Proper Defense
In May of 2009, in the County of Riverside, Michael Houston Chaffin was convicted of committing domestic battery. At his trial, the defendant argued that the trial court erred by refusing to instruct the jury on his affirmative defense. Meaning, the defendant argued that the judge made a mistake when he or she failed to instruct the jury "on the right of a landowner to use reasonable force to eject…
Read MoreConviction for Assault is Reversed Where the Judge Denied Defense Counsel’s Motion for Separate Trials
In People v. Earle, the trial court denied the defendant's motion for separate trials. 172 .4th 372 (2009). The defendant was charged with one count of misdemeanor indecent exposure and another count of felony assault in California. These counts occurred on different days, in different locations and with different victims. The defendant conceded that evidence against him for the indecent exposure count was strong but was forced to go to…
Read MoreChris Brown Setenced For Rhianna Assault – Avoids Jail Time
CHRIS BROWN AVOIDS JAIL TIME DUE TO HIS WISE DECISION TO HIRE AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO KNEW ABOUT ALTERNATIVES TO JAIL TIME Singer and R&B star Chris Brown was sentenced yesterday for his February assault on his former girlfriend, pop star Rihanna. Los Angeles Superior Court Judge Patricia Schnegg sentenced Brown to 5 years probation and 6 months of community labor. In addition to the probation and community…
Read MoreCalifornia Domestic Violence: What You Need to Know Part 2
Why You Need a Skilled Criminal Defense Attorney In a previous article, California Penal Code § 243(e)(1), or "simple domestic battery," was discussed as one of the ways in which a person can be prosecuted for domestic violence in California. There are three ways someone can be prosecuted for domestic violence under California's domestic violence laws and this article explains the remaining factors. California Penal Code § 273.5, or "willful…
Read MoreCalifornia Domestic Violence: What You Need to Know Part I
Why You Need an Experienced Criminal Defense Attorney There are three ways someone can be prosecuted for domestic violence under California's domestic violence laws. First, there is Penal Code § 243(e)(1), which is simple domestic battery. Second, there is Penal Code § 273.5, which is defined as willful infliction of corporal injury. Finally, there is Penal Code § 243(d), which is aggravated battery. In addition, if the type of violence…
Read MoreDomestic Violence and Victim Restitution
Why You Need to Protect Yourself Even After Disposition by Hiring an Experienced Domestic Violence Attorney If you are facing California criminal charges of domestic violence, it is important to know that there is more to your case than simply the sentence imposed by the court. After a finding of guilty or no contest, the court may then impose additional restitution in an effort to compensate the victim for his…
Read MoreCalifornia Sentencing Laws for Multiple Convictions Can Be Complicated
Why You Need the Assistance of a Criminal Defense Law Firm Often, a defendant is charged with multiple crimes stemming out of the same incident. For example, a person involved in a bar fight may be charged with both disturbing the peace and assault in California. While both charges are based on the same course of conduct, it is still possible to be found guilty of violating both laws. In…
Read MoreChris Brown to Face Rihanna In Court: He’ll Be Sure to Have an Experienced Criminal Defense Attorney
The website reported in an article on May 28, 2009 that prosecutors will be calling Rihanna, 21, as one of the witnesses at a preliminary hearing against R & B singer Chris Brown, 19, who faces assault charges. Rihanna's lawyer, Daonald Etra, told new reporters that prosecutors have informed him that Rihanna, whose real name is Robyn Rihanna Fenty, will be receiving a subpoena to testify in June. The preliminary…
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