Arrested for Assault and Battery in Temecula or Murrieta? The term “assault and battery” is widely misunderstood. Most people believe that the term assault and battery consist of striking another individual. This belief is far from correct. Actually assault and battery are two separate crimes. Assault in violation of California Penal Code 240 takes place…
I’m sometimes asked by husbands who were arrested for domestic violence — California Penal Code section 273.5 or 243(e)(1) — whether they can prevent their wives from testifying in court by invoking their marital privilege. California law recognizes two marital privileges. First, a spouse may refuse to testify against the other spouse. This privilege is…
Suppose that you’re charged with assault, battery, domestic violence or assault with a deadly weapon. Self-defense may be used by an experienced attorney as an absolute defense to the crime with which you’re being charged. Simply stated, self-defense means that it is lawful to defend yourself from attack if: (1) as a reasonable person, you…
The starting point in preparing for a defense against any criminal charge begins with the language of the statute with which you’re being charged. Here, according to California Penal Code section 422(a), it is a misdemeanor or a felony to: (1) willfully threaten to commit a crime which will result in death or great bodily…
Did you know that according to California Vehicle Code section 13351.5, the Department of Motor Vehicles (DMV) is required to permanently revoke the driver’s license of one who is convicted of a felony violation of Penal Code section 245 ( assault with a deadly weapon) when a vehicle is found by the court to constitute…
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