battery

Published on: August 21, 2012

McDonald’s Fries Lead to Felony Assault Charge

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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Published on: August 15, 2012

Domestic Violence Death Hours Before Wedding

by Staycie R. Sena

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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Published on: July 9, 2012

Man Sentenced to Six More Months for Smiling at Judge

by Staycie R. Sena

Boyd Twin, a resident of South Dakota, was arrested and charged for assault with a dangerous weapon. The victim of the assault was his companion, also the mother of his children. The crime took place in front of the children, all of whom were under the age of nine years old. Twin told his companion to “choose which child he should kill first.” The children later needed counseling.

Twin pled guilty to the crime of assault with a dangerous weapon. At his sentencing hearing, Judge Charles Kornmann sentenced Twin to 78 months in prison, plus three years’ supervised release. Then Twin smiled.

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Published on: June 26, 2012

Can you throw the first punch and be found not guilty of assault?

by Staycie R. Sena

Mark Vasquez was leaving an Orange County nightclub at 2am and made an insulting remark to his friends about a Marine who was also leaving. The Marine, Alex Martinez, took offense, and confronted Vasquez. That’s when the criminal violence began.

Martinez started bouncing around like a boxer, and Vasquez felt threatened. Vasquez threw the first punches and knocked out Martinez. Because Martinez was drinking heavily that night, his blood alcohol content (BAC) was 0.29. As Martinez fell, he banged his head badly, and was hospitalized in critical condition. Fortunately, Martinez has recovered since this incident and is back on active duty.

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Published on: May 7, 2010

What do I do if I’m served with a restraining order?

by Staycie R. Sena

It’s 9:45 am and your phone rings. The caller ID says that it’s your ex-girlfriend and you smile, hoping that she’s had a chance to think about it, she misses you and is calling to suggest you get together to talk about it. Instead she says “this is formal notice that I’m seeking a temporary restraining order in Orange County today at 1:30”. With that, she hangs up. You show up at court and realize that not only is she seeking a court order to prevent you from contacting her for 3 years, she’s asking for full control over the home you share together and attorneys fees.

Sheriff deputies show up at your door, confirm your identity and hand you a restraining order, telling you that you need to stay at least 300 yards away from Joe Schmoe, the jerk who works down the office hallway, who you’ve been waiting for the boss to fire. What does this mean? Can you legally even show up at work?

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