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SUMMIT CRIMINAL DEFENSE BLOG

Category: Battery

San Mateo Resident Arrested for Hate Crime (CA Penal Code §422.55, §422.7 & §422.75)

Rabin Nabizadeh
July 25, 2013

San Mateo police have arrested Santos Manuel Marquez (36) on allegations of attempted murder, aggravated mayhem, assault with a deadly weapon, and commission of a hate crime for having severely beaten a man about the head and face with a heavy-duty U-shaped anti-theft lock because he was disturbed by the man’s sexual orientation.  The incident […]

Bay Area Man Acquitted of Breaking & Entering in His Shared Home (CA Penal Code §459)

Rabin Nabizadeh
July 24, 2013

Everyone can agree that 31-year-old Christopher Hall had a bad couple of weeks.  At first, everything seemed like a Bay area love story.  Hall met a 34-year-old woman at a hacky-sack circle and, two weeks later, the two were making plans to get married.   After a month or so, in March of 2013, Hall decided […]

Dying Declaration Exception Used in Suisun City Stabbing Case (CA Evidence Code §1240 – §1242)

Rabin Nabizadeh
June 25, 2013

The victim in a stabbing on Worley Road in Suisun City managed to give local law enforcement officials the name of her attacker before expiring.  After an argument on the 1300 block of Worley Road, the unnamed target was stabbed repeatedly.  Police have yet to release the name of the suspect, but are on his […]

Assault in San Francisco Excelsior Neighborhood (CA Penal Code §240)

Rabin Nabizadeh
June 24, 2013

It could have happened to anyone.  The weekend arrives and you decide to go out for a quiet beer with some friends.  What you don’t expect is to be accosted for refusing to give someone a sip of that hard-earned beverage.  Yet, this is exactly what happened in San Francisco Excelsior neighborhood this past weekend.  […]

Criminal Charges vs Mental Health: Naked Acrobat Display at San Francisco Bart Station

Rabin Nabizadeh
June 19, 2013

When 24-year-old Yeiner Garizabaldo (known as Yeiner Perez to his friends) is the name of the naked acrobat who has been charged on at least two felony counts of false imprisonment (CA Penal Code §236), a misdemeanor count of sexual battery (CA Penal Code §243.4) , and four misdemeanor counts of battery on public transportation […]

CALIFORNIA LOWER COURTS VIOLATE 4th AMENDMENT RIGHTS IN LA

Rabin Nabizadeh
May 21, 2013

The United States Constitution protects citizens from unlawful search and seizure.  Part of what is known as the Bill of Rights, this amendment is meant to prevent law enforcement or government officials from fabricating evidence, planting evidence, or illegally obtaining evidence for later use against suspects in various crimes.  The 4th Amendment is also part […]

Danger of False Allegations in California (CA Penal Code §182(2))

Rabin Nabizadeh
May 9, 2013

Even though a guilty verdict has been returned in the killing of Travis Alexander (formerly of Riverside, CA), many of us wonder about Jodi Arias’s (formerly of Salinas, CA) claims of self-defense against Alexander.  Arias still maintains, for example, that Alexander was abusive toward her, causing, in the end, his own death at her hand […]

“Protected Person” California clause Leads to Elevated Aggravated Battery Charge in San Bruno (CA Penal Code, §243(b) & §243(c)(2))

Rabin Nabizadeh
April 29, 2013

Many of us remember the natural gas explosion that killed 8 people and ravaged 38 homes in San Bruno in September of 2010.  What many people may not know is that when a motorcyclist, 36-year-old Paul Lee, drove down to see the spectacle, he would be arrested on 3 felony counts: battery of an officer, […]

Implications of Assault and battery (CA Penal Code §240 & §242)

Rabin Nabizadeh
April 10, 2013

An unidentified man was spending time in a strip club near Jones Street and the 700 block of O’Farrell when things suddenly got out of hand.  It seems that the man began arguing with one of the employees over money.  The woman began to film his inappropriate behavior with her cell phone.  He didn’t like […]

Redwood City Teacher Avoids Charges of Child Cruelty under CA Penal Code 11164

Rabin Nabizadeh
March 8, 2013

Alexia Bogdis was arrested a little over a year ago for allegedly slapping a 5-year-old child, depriving another child of food, twisting the child’s arm, and kicking his chair. Recently, however, all witnesses have recanted their statements, claiming that they must have misinterpreted what they saw. Bogdis has remained on administrative leave, along with 8 […]