Battery

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

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 to break off the engagement, grabbed a few of his things from their shared home, and went off to Mclaren Park with plans to spend the night in a tree.  Later in the evening, Hall became too cold to remain in the tree and headed...

Continue reading

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

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 or her trail.This brings up an interesting legal question, namely whether or not utterances that would normally be considered inadmissible in court because they are considered hearsay could be admitted because they are “dying declarations.”According to California Evidence Code, hearsay (statements uttered by persons who...

Continue reading

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

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.  A man, was standing outside of a local watering hole when he was approached by another individual, who wanted a taste.  When the beer-drinker refused, the stranger took the bottle from him, hit him over the head, and stole his cell phone.  The assailant may...

Continue reading

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

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 property (CA Penal Code §240-248).  What could a young, professional acrobat have done to face such allegations?  Most of us have heard the story – Perez was in the middle of rehearsal for a show at the Stage Werx Theatre when his friends noticed that...

Continue reading

CALIFORNIA LOWER COURTS VIOLATE 4th AMENDMENT RIGHTS IN LA

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 and parcel of a balancing of governmental power with individual rights.In 2006, the U.S. Supreme Court upheld these 4th Amendment rights, maintaining that, in non-emergent situations, police cannot enter an individual’s home without a warrant without permission.  Lower courts in California have, however, ruled that...

Continue reading

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

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 – by multiple stab wounds, a gunshot to the head, and a slit throat.  So convincing was the defendant, however, that while awaiting verdict, Arias sold t-shirts online that read, “Survivor” in order to raise money for domestic violence awareness.CA Penal Code §273.5 (Corporeal Injury to...

Continue reading

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

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, assault on an officer, and evading the police (CA Penal Code §243(b) & §243(c)(2)).It seems that local law enforcement officials who asked them what they were doing at the site, and for some identification, stopped Lee and his girlfriend.  When Lee began to drive away,...

Continue reading

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

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 that very much, so he smacked the phone out of her hand, breaking it to pieces.  Evidently, this did not sit well with 15 other men in the club who immediately came to the dancer’s rescue – surrounding him, pounding the man, and eventually running...

Continue reading

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

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 others from the Redwood City school district, for the occurrence.The California Student Safety and Violence Prevention Act of 2000 prevents the harassment of or discrimination against students on the basis of race, gender, or sexual orientation.However, it is California Penal Code,  §11164 that makes it...

Continue reading