Articles Posted in Assaults & Batteries

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What to do when Social Services has been called—

You and your husband were arguing the other night. Neighbors called the police. The police told you that they had to arrest one of you and he chose you. You’ve bailed out of jail, you’ve contacted an experienced Orange County domestic violence or criminal defense attorney,  you are prepared for court and then you come home and there it is out of left field- a business card left on your door from the Department of Child and Family Services with a note that you must call a social worker. You call as instructed and are told that “your social worker” needs to investigate “your case.”

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Orange County may soon create a registry-style website for dangerous dogs. If the measure is approved by the Orange County board of supervisors there would be a few new definitions for “dangerous” or vicious” in regards to your pet.  What are the ripple effects?  You can expect higher home insurance premiums in some areas, home prices potentially affected, and less foot traffic in certain areas to business.  The recent proposal for a website that shows you the location of these dangerous animals is most likely in response to recent attacks in other counties in Southern California that resulted in bodily injury and in one Antelope Valley case death.

What does this mean for criminal law? If you have a vicious or dangerous dog and this website comes into existence, your neighborhood, depending on volume of “dangerous” or “vicious” dogs, could become a target by law enforcement.  A person having mere custody of such a dog may make them liable regardless of ownership.  If you have a guard dog or a breed that is prone to aggressiveness, you may want to consider that a photo of the dog and your address will be published to the public at large. Vigilantes have been known to occasionally target sex offenders based on the published sex offender registry, so the safety of your dog, your home, and potentially even you and your family could be at risk if the information is published in a similar dangerous dog registry.

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In February, Joe Hundley was aboard a flight from Minneapolis to Atlanta to pay a final visit to his brain-dead son in the hospital and take him off of life support. He had not slept the previous night and was consuming alcohol as a method of coping with the pain and stress of the situation.

He was seated next to Jessica Bennett, who was holding her 19-month old son on her lap. When the flight made its final descent to Atlanta, Bennett’s son began crying. Hundley became agitated and allegedly leaned over to Bennett and told her to “shut that (N-word) baby up.” He repeated the phrase to Bennett before reportedly slapping the child on the face, leaving a scratch below his right eye.

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Peter Robbins is a 56-year-old actor that provided the voice of Charlie Brown in the television specials that aired in the 1960s. The “Peanuts” series includes “It’s the Great Pumpkin, Charlie Brown,” and “A Charlie Brown Christmas.” He has also appeared in other shows such as “My Three Sons” and “Get Smart.”

Recently, Robbins was arrested at the Tijuana-San Diego border where an agent discovered that he had an outstanding warrant by the San Diego County Sheriff’s office. He was booked at the San Diego County Jail website, where he is charged with allegedly committing six felony crimes including stalking and threatening to cause death or great bodily injury. His bail has been set at $550,000.

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Natalie Wood 1963During the night of November 29, 1981, Natalie Wood, her husband Robert Wagner, and friend Christopher Walken were on a yacht anchored off Santa Catalina Island near Orange County, CA. At some point during the night, she ended up in the water without a life jacket and her body was recovered several hours later. At the time, the Coroner reported the cause of death was accidental drowning.

Thirty years later, the case was reopened after new sources came forward with additional information. For example, the boat’s skipper claims to have heard a loud argument coming from Wood’s cabin on the yacht hours before she went missing. In addition, bruises on her knees, wrists, and ankles that were overlooked in the original coroner’s report could be consistent with injuries sustained from an assault. Further, those injuries likely occurred prior to her falling in the water, according to the report.

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In 2011, Elizabeth Escalona, a 23-year old mother of five, allegedly attacked 2-year old daughter Jocelyn due to potty training problems. She kicked her in stomach, beat her with a milk jug, and glued her hands to an apartment wall with super glue, according to information brought at trial.

Jocelyn suffered brain bleeding, a fractured rib, bruises, and bite marks, according to doctor’s testimony. Some skin had been torn off her hands as a result of the glue. Glue residue was found on her hands, along with paint chips from the apartment wall. The girl was left in a coma for several days following her injuries. Jocelyn and her four siblings are now living in the protective care of their grandmother.

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In 2009, singer Chris Brown pled guilty in California to felony assault charges against Rihanna, a singer who was his girlfriend at that time. As part of his criminal sentencing, he was ordered to serve probation for a term of five years in his home state of Virginia and complete six months of community service. According to his log, he has accumulated over 1400 hours of service, ranging from picking up trash to washing police cars and fire trucks.

Chris Brown

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Chad Johnson, formerly known as Chad Ochocinco, is a wide receiver who played mostly for the Cincinnati Bengals since 2001. He signed with the Miami Dolphins on June 11 of this year, but was dropped following his arrest last month.

He and his wife Evelyn Lozada had a fight after she discovered a receipt detailing the purchase of condoms. What started out as an argument allegedly turned violent. Lozada told police that Johnson head-butted her during the altercation. Johnson was arrested on suspicion of misdemeanor battery. The following day, Johnson was dropped from the Miami Dolphins as a result of the arrest.

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When you think of felony assault and battery charges, you probably envision murderous weapons like guns and knives, not french fries. The California Penal Code defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on [another] person.” Battery is similarly defined as “any willful and unlawful use of force or violence upon [another] person.”

Are french fries capable of inflicting a “violent injury?” When James Hackett and his wife began arguing after purchasing a meal at McDonald’s, his 11-year old stepdaughter attempted to stop their arguing. This angered Hackett, who allegedly then grabbed the container of french fries and threw them at her; they hit her in the face and chest.

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Police arrived at an apartment in Pennsylvania very early in the morning to find a man bleeding from chest wounds on the second floor landing. Emergency personnel immediately transported  Billy Brewster to the hospital where he died from his injuries less than two hours later.

The suspect responsible for stabbing the man was his fiancée, Na Franklin. During the night, they began an argument, which escalated into domestic violence. At one point during the argument, Ma allegedly grabbed a kitchen knife and stabbed him twice. Unfortunately, one of the stab wounds punctured his heart.

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