Articles Posted in Assaults & Batteries

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Michelle Betancourt was sentenced on Tuesday for stabbing her three year old son during a domestic dispute with the child’s father.

In May 2015, Michelle Betancourt of Los Angeles and her child’s father got into a heated argument. The twenty-three year old woman lost control and threw a knife at the man, but it hit her child instead. Neighbors reported terrifying screaming and crying and a woman yelling something about “a lot of blood.” Neighbors saw Betancourt running down the driveway, holding the wounded boy, while screaming hysterically. The boy’s father initially claimed that the boy had stabbed himself.

The boy’s injuries were life-threatening, but he did recover. Betancourt was arrested and charged with two counts of assault with a deadly weapon and personal infliction of great bodily injury. Although police originally claimed the assault was intentional, after thoroughly reviewing the case prosecutors decided they could not file attempted murder charges. Attempted murder requires the specific intent to murder, whereas Betancourt acted wantonly and recklessly. Her attorney insists that she did not intend to harm her child.

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Everyone has heard the Miranda advisement “You have the right to remain silent. Everything you say can and will be used against you…” As an Orange County criminal defense lawyer, I would like everyone to hear that everything you post on Facebook or other social media will be used against you. In just the last few months I’ve seen the following:

-Two gang members and a friend post a video of a fight they got in with a rival gang member.

-A woman posts a picture of herself holding a meth pipe and blowing a ring of smoke.

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Mel Gibson is a well-known local hothead. It came as no surprise to Southern California or Orange County residents then when officials in Sydney, Australia said they were investigating him for criminal assault or battery on a member of the paparazzi. Worse, that member was a woman, who claimed that he shoved her in the back and spit on her. Police claim they did a thorough investigation, which included talking with witnesses and reviewing security camera footage, but have ultimately decided not to file criminal charges, much to the anger of the alleged victim.

Assault and battery can be serious charges. As an Orange County criminal attorney I defend innocent people of accusations of assault and battery weekly. But most people are not subject to the careful scrutiny that Mel Gibson received before charges are filed. Unfortunately, assault and battery charges are often filed on nothing more than a simple verbal allegation, such as “he punched me.”

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A Fresno, CA man is accused of severely beating his wife after she continually posted selfies on Instagram, an online mobile photo-sharing, video-sharing and social networking service.

After her husband allegedly beat and threatened to kill her, the victim ran off with their 5 and 7 year old children and called the police. The man reportedly ran off with their 2 year old child. The victim of domestic violence appeared to have been choked and punched, as she suffered injury to her eyes, neck, arms and legs.

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DCUSA.Gallery10.TargetBlackFriday.WikipediaIn a holiday event that is sure to bring out the worst in people, three women were arrested at a Tustin Kohls after a shouting match between them and two other women escalated into a physical assault that caused one woman to be hospitalized from her injuries.

The fight broke out in the baby section of the Kohls on Irvine Blvd. in Tustin. The victims were hit and scratched on their faces. Two of the three suspects fled the store before police arrived. One of the women was arrested for assault charges and was held in custody over the weekend pending a Monday arraignment with a bail amount of $25,000. A second woman involved in the incident was arrested, but later released pending further investigation. She may face charges later. The third suspect was a teenager who was released to her parents and may face juvenile charges.

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Domestic violence calls to police often result in arrests, but when the suspect is a 500 pound man, the challenge is put upon police to even move, let alone make an arrest. That’s what happened when the man’s girlfriend called police and allegedly told the police that her boyfriend had slapped and spit on her.

Police arrived to find the man freshly showered, speaking with slurred speech, and naked. When informed he was under arrest, he allegedly sat down on the floor and told officers to try to move him. He also reportedly kicked an officer, according to police documents.

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On August 25, an assailant rammed into a woman’s car and kidnapped her two children at gunpoint. As the kidnapper left the scene, the woman sought immediate help from authorities. She spotted a police vehicle approaching and flagged it down. “That’s him, that’s him, right there!” she shouted to the police officer who had stopped the car with the window down.

But instead of helping, the officer, who was on his way to a burglary call, yelled back at the woman, “Right here what, baby? I’m on a call!” and promptly drove away.

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Sleeping in safetyA man with a criminal history of carrying an unregistered, loaded gun, and corporal injury to a spouse has been arrested again in Venice, CA. This time, the man is accused of breaking into a woman’s house.

When the man reportedly entered the woman’s house, she sought escape, crawling out a window onto the roof of her two story home. Fortunately, she brought a cell phone with her and hid under an eave, frantically calling 911.

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A Massachusetts man was arrested on September 19 for charges of possession of child pornography. After posting $30,000 bond and returning to his home, his upstairs neighbor allegedly entered his condo illegally through an unlocked door, walked into his bedroom where he was sleeping, and punched him in the face.

The attacker called 911 and not only reportedly admitted to the attack, but stated that she wanted to kill the man. She was described as “crying and visibly upset” with blood on her arm and hands. She was arrested and is charged with felony assault and battery, along with breaking and entering.

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A 36-year old Laguna Niguel man is being held on $1 million bail for one count of attempted murder and one count of elder abuse.

He and the unnamed victim, a 91-year old patient at Fountain Valley Hospital, were sharing the same hospital room when the younger man reportedly attacked the elderly patient, covering the man’s nose and mouth with his hands and punching him repeatedly.

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