The phrase “assault causing bodily injury” is widely used at the street and search-engine level, but in California criminal law it conflates two distinct offenses. The statute most commonly charged when someone is alleged to have caused serious physical injury to another person during a fight, altercation, or domestic incident is Penal Code § 243(d)…
If you’ve been charged with assault, battery, or both, the first thing to understand is that they are two completely separate crimes under California law — not two names for the same thing, and not always charged together. Assault under Penal Code § 240 is the attempt. Battery under Penal Code § 242 is the…
When prosecutors charge someone with assault using a weapon — or with force strong enough to cause serious injury, even without a weapon — the case is filed under California Penal Code § 245, not under the basic assault statute that covers bar fights and shoving matches. PC § 245 is sometimes called “aggravated assault”…
Assault is one of those crimes we all like to think is common sense. After all, one of the first things we learned as children is not to hit other people, and to work out our problems with our words. However, assault is usually a lot more nuanced than the average person thinks it is,…
In a recently published decision, a California Court of Appeal decided that a judge may consider a Probation Officer’s report when deciding whether to reduce a felony charge to a misdemeanor. Case Name: People v. TranOpinion Date: 12/1/2015 Trial court may properly consider the facts set forth in a probation report that the defendant had…
The words assault and battery get thrown around all the time when people talk about fights using legal terms. Between cop dramas on TV and crime thrillers on the bestseller lists it can be hard to tell the difference between these two crimes. If you’re involved in a battery case, though, it is extremely important…
Assault is a serious crime that is subject to both fines and jail time under California law. However, the degree of the punishment depends on whether the accused individual committed simple or aggravated assault. Simple assault, which is defined in California Penal Code 240, is the unlawful attempt to attack another person and cause an…
People often talk about the crimes of assault and battery as if the two are the same, with both involving the use of physical force to commit harm. However, under California law, there’s an important distinction between assault and battery. Assault Assault involves willfully doing something that might cause either physical injury or result in…
Anyone who regularly drives is likely to have experienced road rage, either in themselves or in other drivers. Getting angry behind the wheel is a common phenomenon, but people choose to act on their anger in different ways. While some people manage to control their rage, others lash out at other drivers or pedestrians. Depending…
Battery is a crime that frequently makes the news. For instance, in California, one recent case being reported in national news involves the alleged hate crimes and battery perpetrated by three college students against their African-American roommate. But while it’s common to see reports of battery, and to often see it as one of multiple…
Did you know that you can be charged with domestic violence when making even the slightest physical contact with the other individual? For example, pursuant to Penal Code section 243(e)(1), a person can be arrested for domestic violence if he or she made a “offensive” contact with a person with whom he or she was…
Riverside Police are looking for suspects in connection with what they described as the “intentional” hit-and-run killing of a 62-year-old Riverside man. As we see it, this story presents a good chance to discuss why it is important that alleged crimes fit the circumstances. The man was struck around 6:30 a.m. Sept. 14 as he…
If you or a loved one is facing criminal charges in Southwest Riverside County, time is critical. Contact the Law Office of Nic Cocis today for a free, no-obligation case evaluation.
