Assault FAQ’S
Posted in Assault FAQ'S on April 8, 2015
Yes. Penal Code 245(c) is a “Strike” under California’s Three Strikes Law. If you, or a family member has been arrested for assaulting a police officer or firefighter in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293.
Read More
Posted in Assault FAQ'S on April 1, 2015
Battery Against A School Employee Lawyer In Riverside & Orange County First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, PC 243.6 defenses fall into one of four categories: 1. False Allegations: False allegations are common with Battery Against a School Employee…
Read More
Posted in Assault FAQ'S on April 1, 2015
In California, Battery Against a School Employee 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 an actual injury is inflicted on the victim, it could be charged as a FELONY. If you, or a…
Read More
Posted in Assault FAQ'S on April 1, 2015
It depends. Penal Code 243.6 / Battery Against a School Employee 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…
Read More
Posted in Assault FAQ'S on April 1, 2015
Riverside & Orange County Battery Against A School Employee Defense Attorneys Because PC 243.6 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 of jail • Up to $2,000 in fines • A 10 year prohibition on firearm…
Read More
Posted in Assault FAQ'S on April 1, 2015
A “school employee” under PC 243.6 / Battery Against a School Employee is any person employed as a permanent or probationary certificated or classified employee of a school district on a part-time or full-time basis, including a substitute teacher, student teacher, or school board member. If you, or a family member has been arrested for…
Read More
Posted in Assault FAQ'S on April 1, 2015
Someone commits an act “willfully” under PC 243.6 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 Battery Against a School Employee (PC 243.6),…
Read More
Posted in Assault FAQ'S on April 1, 2015
Defense Attorney For Battery Against a School Employee (PC 243.6) PC 243.6 is commonly known as Battery Against a School Employee in California. To prove that a defendant is guilty of PC 243.6 the prosecutor must prove five things: 1. That the alleged victim was a school employee; 2. That the defendant willfully and unlawfully…
Read More
Posted in Assault FAQ'S on March 15, 2015
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, PC 245(b) defenses fall into one of three categories: 1. False Allegations: False allegations are common with assault charges. Often the person making the false allegations does so because they are worried about…
Read More
Posted in Assault FAQ'S on March 15, 2015
If convicted as a FELONY, the potential punishment depends upon whether or not you are given probation by the Judge. Regardless of whether given probation or not, a conviction of PC 245(b) Assault With A Semi Automatic Firearm would constitute a “Strike” for purposes of California’s Three Strikes Law. IF granted probation: • Up to…
Read More
