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Posted in Assault FAQ'S on March 15, 2015
A “Semi Automatic” Firearm under PC 245(b) is a firearm that extracts a fired cartridge and chambers a fresh cartridge with each single pull of the trigger. If you or a family member has been arrested for PC 245(b) assault with a semi automatic firearm, call me at (951) 667-5293 if you live in Riverside…
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Posted in Assault FAQ'S on March 15, 2015
PC 245(b) is a common arrest in Southern California. Semi Automatic Firearm would include all pistols, shotguns and rifles. To prove that a defendant is guilty of Assault with a Semi Automatic Firearm (PC 245(b)) the prosecutor must prove five things: 1. That the defendant did an act with a semi automatic firearm that by…
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Posted in Assault FAQ'S on March 15, 2015
In California, PC 245(b) / Assault with a Semi Automatic Firearm is always a Felony. If you or a family member has been arrested for PC 245(b) assault with a semi automatic firearm , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
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Posted in Assault FAQ'S on March 12, 2015
Someone commits an act “willfully” under PC 245(b) when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. If you or a family member has been arrested for PC 245(b) assault with a semi automatic…
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Posted in Assault FAQ'S on March 11, 2015
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. The prosecutor must prove that the injury inflicted was “Serious Bodily Injury”. “Serious Bodily Injury” must be a serious impairment of a physical condition. A jury must look to the nature and extent of…
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Posted in Assault FAQ'S on March 11, 2015
It depends. Penal Code 243(d) / Battery Causing Serious Bodily Injury is NOT by itself a “Strike” under California’s Three Strikes Law. However, if the injury inflicted is serious enough and determined to be “great bodily injury” then it would be considered a “Strike” under California’s Three Strikes Law. Whether or not an injury is…
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Posted in Assault FAQ'S on March 11, 2015
PC 243(d) is commonly known as Battery Causing Seriously Bodily Injury in California. To prove that a defendant is guilty of battery causing seriously bodily injury PC 243(d) the prosecutor must prove three things: 1. That the defendant willfully and unlawfully touched a person in a harmful or offensive manner; AND 2. The person suffered…
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Posted in Assault FAQ'S on March 10, 2015
In California, PC 243(d) / Battery Causing Serious Bodily Injury 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. If you or your family is about to undergo a battery causing serious bodily injury case, give…
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Posted in Assault FAQ'S on March 10, 2015
A “serious bodily injury” under PC 243(d) means a serious impairment of physical condition. Such an injury may include, but is not limited to, loss of consciousness, a concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing or any serious disfigurement. Serious bodily injury…
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Posted in Assault FAQ'S on March 10, 2015
Someone commits an act “willfully” under PC 243(d) when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. If you or your family is about to undergo a battery causing serious bodily injury case, give…
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