What Is Considered An Act That “Causes Death” If You Are Arrested For Assault On A Child 8 Years Old Or Under Resulting In Death (PC 273ab(a)) In Riverside County Or Orange County?

Posted in Domestic Violence FAQ'S on May 12, 2015

An act “causes death” under PC 273ab(a) if:

1. The death was the natural and probable consequence of the act;
2. The act was a direct and substantial factor in causing the death, and;
3. The death would not have happened without the act.

A “natural and probable consequence” is one that a reasonable person would know is likely to happen if nothing unusual intervenes.

In deciding whether a consequence is natural and probable, a jury must consider all of the circumstances established by the evidence.

A “substantial factor” is more than a trivial or remote factor.

However, it does not need to be the only factor that caused the death.

If you, or a family member has been arrested for Assault on a Child 8 Years Old or Under Resulting in Death (PC 273ab(a)) in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293