Last month, a 55-year-old female real estate agent was attacked as she closed up a Laguna Niguel home. In light of the recent slaying of an Arkansas agent, this incident has real estate agents across the state rethinking their safety.
The attack on took place just before 1 P.M. in the 24000 block of Paseo Del Campo as the agent was securing the lock box of a home that she had listed. The attacker came from behind, put her in a choke hold and punched her in the face, only fleeing the scene after she managed to scream.
A neighbor tried to restrain the assailant after hearing the commotion, but he managed to escape and evade police for over 16 hours. The real estate agent, whose identity has not been released, was treated at a local hospital and allowed to go home that same evening.
Our thoughts and prayers go out to the victim in this case. To be attacked in broad daylight in such a vicious manner must have been awful.
After a massive search that included dogs and helicopters, the Orange County Sheriff’s Department made an arrest the following morning. At 8:09 A.M. 23 year-old transient John Glenn was placed under arrest for the assault as he exited a park located near the intersection of Crown Valley Parkway and Niguel Road.
According to an interview with Glenn, the real estate agent was not the target. Admitting to being under the influence of drugs at the time, Glenn claims he was attempting to break into the home at the time of the attack. (more…)
There are three forms of assault that can be punishable in a court of a law: common assault, criminal assault, or aggravated assault. Common assault is almost any behavior that can be judged as offensive or threatening, which is done with the volition to harm someone else but fails in physical harm. For instance, if you try to hit someone with a punch, a kick, or an object and miss, you have committed a common attack against them. Even though no physical harm was done, the failure to commit a criminal attack may still be prosecuted as a common one.
Criminal assault is associated with battery and is harmful, physical contact, which has resulted in another person’s injury. For instance, punching, kicking, or using an object whether by striking or throwing are forms of battery as long as the victim has been physically harmed. Aggravated assault is where the offender uses a foreign object as a weapon and injures his or her victim severely, which goes beyond the normalcy of a common criminal strike.
Jail-time and high monetary fines are common reprimands for a conviction, especially if the endangerment involves a minor. For instance, if an adult gets into a confrontation with someone under the age 18 and injures the child, then, the adult could spends years in prison and thousands of dollars in fees. A common form of an offense to a minor is typically known as child abuse. Child abuse is when a parent has hurt his or her child in such a way that goes beyond the lawful form of discipline. Another common form is a sexual advance that occurs from an adult to someone under the age of 18.
California Assault Laws
Californian assault laws are found within Penal Code sections 240-246. If you have been accused of committing this crime, it is recommended that you go over these laws with a certified attorney. The typical charge that someone will face for a battery to a minor is PC 243.4 (6). This type of battery has been done on purpose and has physically hurt someone less than 18 years of age. Below is a gross summary of what these laws mean in layman’s terms. They are not extensive and do not include all of the individual categories of the sections:
- PC 240 explains that an assault as an illegal attempt to violently injure another person.
- PC 241 stipulates that this action is punishable by a fine that does not exceed $1,000 and does not exceed six months in jail.
- PC 242 states that battery is an intentional use of violent force to another person.
- PC 243 assesses that battery is punishable by up to $2,000 in fines and incarceration in jail that does not exceed six months.
- 243.4 (6) is against a minor, someone under 18 years of age
- (d) If the offender has had a prior felony conviction, the offender may be imprisoned from two to four years and may receive a fine that does not exceed $10,000.
- 243.4 (6) is against a minor, someone under 18 years of age
- PC 244 describes a “flammable substance” against someone else as an illegal violent action.
- PC 245 mentions that the use of a foreign object as a deadly weapon is a force of violence.
- PC 246 specifically notes that the use of firearm against someone is a violent act even if the firearm has not been fired.
A defense against a violent accusation to a minor is difficult, especially if the minor is willing or is able to provide a testimony. For this reason, a defense attorney is desperately needed to present the truth and prove one’s innocence. Below are a few methods that a trained legal professional may provide for you:
- False Allegations
- Sometimes an accusing party will be lying for predisposed reasons. For instance, a divorced husband or wife may accuse his or her ex-spouse of abusing their children for the real reason of wanting more custody rights. In another instance, a child may fabricate a story that he was abused by an adult whether one of his or her parents, teacher, priest, or so on in order to get his or her way about something completely unrelated. A child may also try to extort an adult for a financial gain by claiming that the adult had committed an offense on the child.
- Injury as a Result of an Accident
- In some cases, one can try and prove that a child’s injury or abuse occurred as a mere accident and was unintentional. This defense mainly relies on witness accounts, as the intent of the alleged accuser is hard to prove.
- Religious Beliefs
- In the United States of America, citizens have a right to freedom of religion. With this defense, an attorney will prove that his or her client’s violence follows the existential requirements of a religion and cannot be prosecuted as a normal assault charge. While this method is not full proof, it may be effective when arguing a parent’s religious ways of disciplining his or her child.
At first glance, an adult who has wrongly been accused of purposely hurting a minor may seem like an offender and that offender may also feel hopeless in proving his or her innocence. It is important to understand that a lot of these cases are actually misconstrued to make those innocent appear to be offenders. For this reason, a charge with an assault against a minor is a legal case that cannot be defended alone.
An assault case is one where only a trained defense lawyer with a proven-track record is best qualified in proving and presenting one’s innocence of an assault conviction. A successful law firm can provide an attorney with experience that knows what to look for in order to show that the accusations against his or her client are false.
Those facing charges in Riverside County, Orange County, San Diego County, or Los Angeles County are eligible for a free confidential case evaluation from a MacGregor & Collins, LLP criminal defense lawyer. Call (888) 250-2865 to get help now.
Violent crimes are defined as those that involve the use of force, violence, threat or intimidation to attempt or complete an offense.
As an example, an assault which involves threatening someone else through intimidation or physical aggression is a crime – even if no injuries occurred. Battery is also considered to be a violent crime and would mean that the accused had a physical altercation with the victim.
Depending on the factors of the case, such as the severity of injuries, if a weapon or firearm were used, or some other aggravating circumstance, the court will deliberate on what sentencing to hand out – based on minimum and maximum sentencing in California Penal Codes. Other violent crimes that are handled in Newport Beach courts on a regular basis include:
- Arson – this involves deliberately setting fire to a property that belongs to someone else. If the offender did so recklessly and without intent, it’s still considered to be arson in some instances, even though the fines will be lower for malicious arson.
- Domestic Violence – crimes of domestic violence include battery or assault against someone that is or was living in the home of the offender. The victim could be a spouse, partner, child, elderly parent or someone akin to the accused. It’s also easy to falsely accuse someone else for domestic violence when only the two parties were present. However, a lawyer can help with these challenging cases.
Violent crimes are serious allegations that can leave defendants facing years behind bars, hefty fines and a criminal record. Even so, an experienced Newport Beach violent crimes lawyer can help to bring you the best outcome for your case. Call MacGregor and Collins today at (949) 250-6097. Also check out the full list of California Penal Codes or crimes, and their penalties here.
Assault is defined as any willful attempt, combined with the present ability, to cause a violent injury to another person. Battery is the use of violent force on another individual. The penalties for such action can be serious; a conviction on assault charges can result in up to six months of imprisonment and a $1,000 fine (a conviction on a battery charge can result in a fine up to $2,000). If you or a loved one has been charged with assault and battery, you should contact one of our Newport Beach criminal defense attorneys. We proudly serve Orange County, Riverside County, and beyond, and are more than capable of handling your case.
Orange County Assault Lawyer
An assault is committed when a person did an act that by its nature would directly and probably result in the application of force to the victim and the person did the act willfully and when the person acted, he or she was aware of facts that would lead a reasonable person to realize that his or her act by its nature would directly and probably result in the application of force to someone and when he or she acted, he or she had the present ability to apply force to the victim and the person did not act in self-defense or in defense of someone else. If you are facing these charges, contacting a specialist at MacGregor & Collins, LLP might be your most important step, even if it is only for the free consultation.
“Application of force” and “apply force” mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. The touching does not have to cause pain or injury of any kind.
The touching can be done indirectly by causing an object or someone else to touch the victim. The person does not have to actually touch the victim or does not have to intend to use force against the victim when he or she acted.
An assault is a misdemeanor. Call MacGregor & Collins, LLP, your orange county assault lawyer at (949) 250-6097 today to set up a free consultation with an attorney who can give you clear and concise information about your rights and the choices available to you.
Battery is committed when a person willfully and unlawfully touched the victim in a harmful or offensive manner and the person did not act in self-defense or in defense of someone else or while reasonably disciplining a child. If you are facing these charges, contacting a specialist at MacGregor & Collins, LLP might be your most important step, even if it is only for the free consultation.
The slightest touching can be enough to commit a battery if it is done in a rude or angry way. The touching does not have to cause pain or injury of any kind.
The touching can be done indirectly by causing an object or someone else to touch the other person.
A battery is a misdemeanor. Call MacGregor & Collins, LLP, your orange county assault and battery lawyer at 949-250-6097 today to set up a free consultation with an attorney who can give you clear and concise information about what your rights are.
Assault laws in California are broken down into several subcategories. Battery is oftentimes used in the same breath as assault, but the two are not one and the same. Here a few California assault subdivisions:
California Penal Code 240 defines Assault as deliberately behaving in a manner that could possible cause injury to another, or could have caused the use of force. This does not mean that the victim had to be hurt. The consequences for California assault is: up to six months in jail, and up to one thousand in fines.
California Penal Code 242 defines Battery as willfully applying force or a violent act against someone else. The penalties include the same as assault, with the exception of fines of up to two thousand dollars.
California Penal Code 243 defines Aggravated Battery as willfully applying force or violence against someone else, and it resulted in grave bodily injury to the victim. The consequences for this act include up to one year in jail, and up to one thousand in fines.
California Penal Code 245 A defines aggravated assault with a deadly weapon as assaulting another person with the use of a deadly weapon. The deadly weapon isn’t limited to firearms or knives, as there are several types of deadly weapons. The penalties include up to one year in jail, up to ten thousand in fines, an order to surrender the weapon to authorities, enrollment and participation in an anger management class and more. If the victim were injured, the court will order the offender to pay victim restitution.
Additional penalties for all these offenses include registration in a batterer’s program, as well as an informal probation.
If there’s been an allegation of assault, contact MacGregor and Collins at 1000 Quail Street, Suite 110, Newport Beach, CA 92660, or call 949-250-6097.
What is Assault With A Deadly Weapon?
California Penal Code Section 245 defines Assault With A Deadly Weapon as the name implies. It is separated from simple assault when a weapon is used that could cause grave bodily injuries.
Examples of such weapons include:
The obvious knives and guns typically come to mind when thinking of a deadly weapon. However, any type of object can be used as a weapon.
Determining Factors of Assault With A Deadly Weapon:
Before any case can be brought to court, there are factors of the crime that will need to be verified. Assault With A Deadly Weapon CPC 245 is no different, and these factors include:
- The accused used a weapon in an assault that resulted, or could have likely resulted in serious bodily injury
Penalties for California Penal Code 245
The fines and punishments for Assault With A Deadly Weapon, if convicted, include:
- Misdemeanor: Jail: up to 1 yr: Fines: up to $10,000
- Felony: Prison: 2-4 yrs | Fines: up to $10,000
It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of Assault With A Deadly Weapon. In addition, the jury and judge will weigh whether the victim sustained injuries, and the severity if any occurred.
How to Hire a Orange County Law Firm for Assault With A Deadly Weapon:
If you’ve been charged or are under suspicion for burglary, Call MacGregor and Collins at 949-250-6097 today. A defense lawyer can help to prove your innocence, and/or reduce sentencing.
Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.