Assault

Assault (PC 240): Penal Code 240 states that an assault (simple assault) is an attempt to willfully commit violent injury on someone else. It is important to note that “assault” and “battery” are two distinct crimes; whereas in the case of battery, there was actual use of unlawful violence, assault is the attempt to do Read More …

Assault with Deadly Weapon

Assault with Deadly Weapon “ADW” (PC 245): The California crime of assault with a deadly weapon is defined under Penal Code 245 as an act committed with a so-called “deadly weapon,” or by means of force to produce great bodily injury.  Penalties (PC 245): This crime is considered a “wobbler,” meaning that the prosecutor may Read More …

Battery

Battery (PC 242): Battery is the actual use of force or violence on someone else. The legal definition is as follows: you touched someone else, willfully, in a harmful or offensive manner. If all three elements are not proven by the prosecutor, then you are not guilty of PC 242 battery. The second element, “willfully,” Read More …

Death Penalty

Charges in California that carry the death penalty are: first-degree murder with special circumstances (capital murder); sabotage; train wrecking causing death; treason; perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence. A qualified attorney can help your friend or loved one avoid the death penalty, or life in Read More …