Assault FAQ’S
Posted in Assault FAQ'S,California Law,Sex Crimes on February 28, 2022
The simplest way of defining the term date rape is sexual assault perpetrated by an acquaintance similar to date is still rape. You will find that most states do not use the word “rape” anymore but rather refer to it as a sexual assault, battery, or conduct crime. Regardless of how it is labeled though,…
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Posted in Assault FAQ'S on June 26, 2018
If you have been charged with assault it is very important to contact an assault defense lawyer to discuss your case. Below we have compiled some of the more commonly asked questions regarding Penal Code 245(b). What is the penalty for assault with a semi automatic firearm (pc 245(b)) If convicted as a FELONY, the…
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Posted in Assault FAQ'S on April 22, 2015
Criminal Defense Attorney For Those Arrested For Disturbing The Peace By Fighting (PC 415(1)) In Riverside Or Orange County First and foremost, a prosecutor must prove each and every element of a sexual battery case beyond a reasonable doubt to a jury. Typically, PC 243.4 defenses fall into one of four categories: 1. False Allegations:…
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Posted in Assault FAQ'S on April 22, 2015
Riverside Or Orange County Lawyer For Those Arrested For Sexual Battery (PC 243.4 ) Because sexual battery can be charged as either a misdemeanor or felony, the sentencing varies considerably. If convicted as a MISDEMEANOR, punishment could include: • Up to 1 year jail • Up to $2,000 in fines • A 10 year prohibition…
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Posted in Assault FAQ'S on April 22, 2015
Criminal Defense Attorney For Those Arrested For Sexual Battery (PC 243.4 ) In Riverside Or Orange County PC 243.4 is commonly known as Sexual Battery. To prove that a defendant is guilty of PC 243.4 the prosecutor must prove three things: 1. That the defendant touched an intimate part of another person; 2. The touching…
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Posted in Assault FAQ'S on April 22, 2015
In California, Sexual Battery is a wobbler, meaning it can be EITHER a misdemeanor OR a felony. This decision depends heavily upon the facts, as well as the defendant’s prior criminal history. However, if the alleged victim was disabled, mentally incapacitated, unconscious, or unlawfully restrained it was likely be charged as a FELONY. If you,…
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Posted in Assault FAQ'S on April 22, 2015
No. A conviction for Sexual Battery is not a “Strike” under California’s Three Strikes Law. If you, or a family member has been arrested for Sexual Battery in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293.
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Posted in Assault FAQ'S on April 15, 2015
No. Penal Code 415(1) / Disturbing the Peace by Fighting is not a “Strike” under California’s Three Strikes Law. If you, or a family member has been arrested for Disturbing the Peace by Fighting in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293.
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Posted in Assault FAQ'S on April 15, 2015
Riverside & Orange County Defense Attorney For Those Charged With Disturbing The Peace By Fighting (PC 415(1)) If convicted as a MISDEMEANOR, punishment could include: • Up to 90 days in jail • Up to $400 in fines • Criminal Protective Order (Restraining Order) • Up to 5 years of Summary (informal) probation • Participation…
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Posted in Assault FAQ'S on April 15, 2015
Penal Code § 415 is disturbing the peace in one of three ways. PC 415(1) is willfully fighting or challenging another person to fight in public. Persons who use “fighting words” to “provoke an immediate violent reaction” from someone, but don’t engage in physical fighting may be charged with PC 415(3). Finally, PC 415(2) is for…
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