Assault & Battery
California Constitutional Rights: Being Approached Without Probable Cause or Reasonable Suspicion Doesn’t Justify Accosting an Officer
Just because an Officer violates your Constitutional Rights doesn't mean you can break the law. A California Appellate Court reasoned recently that if an officer approaches you without probable cause or reasonable suspicion and in violation of your Constitutional Rights, it doesn't give you the right to accost or assault him or violate the law yourself. In a recent decision, the Appellate court was asked to decide whether evidence of…
Read MoreHearsay and Out of Court Statements in California: What your Criminal Defense Attorney Needs to Know
You're charged with a crime. Does victim identification always have to be confirmed in court? The answer is not always. In California one of the exceptions is in California Evidence Code 1240. That allows some out of court statements of a witness where the statement was made spontaneously while the declarant was under the stress of excitement caused by such perception. The recent case of People v. Stamphill is a…
Read MoreRapper Coolio Charged With Cocaine Possession and Will Likely Seek Representation by an Experienced Criminal Defense Attorney
An article in the Los Angeles Times describes the arrest and charging of rapper and actor 'Coolio' with battery and possession of cocaine after a run-in at the Los Angeles International Airport. The well known entertainer allegedly grabbed a screener's arm to prevent the search of his luggage, which allegedly uncovered rock cocaine. Coolio's real name, Artis Leon Ivey, 45, was charged with one felony count of possession of cocaine,…
Read MoreCalifornia Hearsay and Out of Court Statements in Criminal Courts
You're charged with a crime. Does a victim identification always have to be confirmed in court? The answer is not always. In California one of the exceptions is in California Evidence Code 1240. It allows some out of court statements of a witness where the statement was made spontaneously, while the declarant was under the stress of excitement caused by such perception. The recent case of People v. Stamphill is…
Read MoreChris Brown Restraining Order
Chris Brown was charged with two felony counts of assault and making criminal threats against singer, Rihanna, on March 5, 2009. When he appeared in court, the judge ordered a protective order; Chris Brown must not molest, annoy, harass, make threats, or have any negative contact against anyone. Rihanna's attorney was present and stated that the singer did not want a "no contact" order made, which if granted/ordered, the defendant…
Read MoreLos Angeles Murder Conviction Overturned
Judge Throws Out A Nearly 30-year-Old Murder Conviction After Finding Prosecutorial Misconduct. A Los Angeles County Superior Court judge tossed out a nearly 30-year-old murder conviction. Judge David S. Wesley found that the prosecutors had violated the defendant's rights and withheld evidence from defense attorneys. In his ruling, Judge Wesley said that attorneys for Adam Miranda should have been told that witness Joe Saucedo had confessed to the killing. Adam…
Read MoreAccused of Emotional Abuse In California
I'M ACCUSED OF EMOTIONAL ABUSE AND NEED AN EMOTIONAL ABUSE ATTORNEY TO DEFEND ME Emotional abuse is any behavior that helps the abuser emotionally dominate and control the victim. It includes, but is not limited to: Frequent put-downs Constant criticism Threats Harassment Stalking Unreasonable restrictions on the victim's freedom Emotional abuse is not itself a crime in California, but our state criminal law does recognize it as an effect of…
Read MoreAssault and Battery in California: Self Defense a Fine Line
I Am Being Charged with Assault and Battery: Do I Really Need A Criminal Lawyer for Assault and Battery Charges? Unfortunately, California assault and battery crimes not easily defined. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Penal Code 240. A battery is any willful and unlawful use of force or violence upon the person of another.…
Read MoreCalifornia Criminal Defense Attorneys Dismantle Prosecution’s Case
Don't accept the police narrative Recently, one of my clients was charged with assault with a deadly weapon in California. According to the police report, my client stabbed the alleged victim for without provocation and was the apparent aggressor in the case. A few hours after the incident, the alleged victim was in the hospital treating a stab wound to the torso. Cleary, he could have played no role in…
Read MoreFelony Assault and Solicitation Charges against LA Police Office
LAPD officer charged with soliciting sex and sexual assault in Los Angeles to a young west LA woman Officer Russel Mecano was charged Tuesday November 4, 2008 with one misdemeanor count of solicitation of prostitution and felony counts of sexual battery by unlawful restraint, penetration by a foreign object by a public official, and penetration by a foreign object under duress. The 40-year-old eight-year veteran of the LAPD officer was…
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