battery

May 7, 2021

Defending Yourself Against a Battery on a Police Officer Charge in San Diego

Interactions with the police can be scary and distressing. Certain situations in which law enforcement is involved can be downright deadly. Understanding your rights as well as what is legally expected of you when it comes to interacting with law enforcement in California is incredibly important. You may be able to protect yourself from harsh penalties like time spent behind bars as well as expensive fines and other related costs.

Penalties for felony convictions are much harsher than for misdemeanors, but any criminal conviction can affect a person’s life negatively far beyond just serving time. Working with a California criminal defense attorney provides a defendant with hope and the best chances of having their case dropped or at least their charges reduced. Not every legal professional is the same, however; finding the most skilled and vastly experienced San Diego criminal defense attorney is essential to obtaining a favorable outcome and helping you get back to living your life.

How to Defend Yourself Against Battery on a Police Officer in California

August 21, 2020

Woman Suffers Major Eye Damage in Carmel Valley After Being Hit by Object

by David M. Boertje

A 24-year-old woman was seriously injured when she was hit by a flying object while walking to her car in Carmel Valley. According to authorities, the incident took place in the parking lot located at 12600 Torrey Bluff Drive at approximately 9:45 p.m. The woman was with friends when a dark-colored SUV drove past and a person in the car threw an object out of an open window, striking the woman. She was hit in the eye and her injuries were so severe that she reportedly sustained permanent orbital-bone damage.

Now, investigators are asking the community to help identify the person who threw the object. If found, the individual will be facing felony battery charges. Currently, there is no description of the individual. Using surveillance footage from around the area where the attack happened, the authorities are trying to look for clues as to who did it. They are not getting much help because they have yet to find video documentation of the incident. The San Diego Police Department does believe that the assault was unprovoked.

Anyone who has information on the incident has been asked to call San Diego Country Crimes Stoppers or to go online and provide their feedback. All contact with the agency is anonymous, and an individual with helpful information may be eligible for a monetary award of as much as $1,000.

What is the Orbital-bone of the Eye?

The cup-shaped bone that encapsulates your eye is what makes up the eye socket. The structure of the eye socket is shaped by seven different bones. The bones protect the eye and give it a place to sit within the face. Muscles for eye movement, tear glands, nerves, blood vessels, and ligaments are also held within the eye socket. When the eye socket sustains an injury like a fracture, 28% of these cases will result in damage to the eye and some amount of vision impairment.

All of the seven bones are vulnerable to being fractured, or only a few may be damaged depending on the details of an accident. The type of fracture that results will then be classified into one of three categories based on how the fracture took place and how the bones respond to the impact. When a person sustains an eye fracture, the victim may experience any of the following symptoms:

Reduced vision
Seeing double
Swelling
Pain
Bruising
Bleeding around the eye
An eye that tears up
Nausea
Vomiting
Sunken eye or a protruding eye
Loss of eye movement

For some eye fractures, surgery will be required. In other cases, surgery is unnecessary and the injury can heal with time.

January 10, 2020

Man Pleads Guilty to Assault and Hate Crime Against Syrian Refugee in San Diego

by David M. Boertje

According to reports, Adrian Vergara, 26, pleaded guilty to assaulting a 16-year-old Syrian refugee while using charged racial slurs during the attack. The incident took place on October 15th on board a San Diego trolley at approximately 3:00 p.m. in the afternoon. The Syrian refugee was said to be on his way home from school and while he was talking on his phone in Arabic. Vergara pulled an earbud out of the victim’s ear and said, “What trash are you speaking?” The victim told him that he was speaking in the Arabic language and then Vergara verbally attacked him with Islamophobic slurs. He then physically assaulted the 16-year-old, violently striking him up to six times. After the attack, Vergara exited the trolley on 62nd Street in Encanto.

The police confirmed that the victim endured minor facial injuries as a result of the attack. San Diego Police Department Lt. Shawn Takeuchi indicated that through using video footage detectives were able to obtain visual information on Vergara’s appearance. About a week later, the Port of San Diego harbor police arrested Vergara for a misdemeanor narcotics violation. When the authorities had Vergara in custody, he was recognized as the individual who was connected to the San Diego Police Department’s investigation into the hate crime on the young Syrian refugee.

Vergara was charged with and pleaded guilty to assault and a hate crime for which he was sentenced to five years in state prison. Nine days before the assault took place on the trolley in San Diego, there was another hate crime arrest in Little Italy. A man, identified as Kyle Allen, 50, was shoving Muslim women who were wearing hijabs. He was also yelling at them to “go back to (their) country.” Allen is currently facing charges of battery as well as hate crimes.

What is Assault and Battery in California?

Assault and battery charges are commonly referred to as in conjunction with each other but they are not treated the same under the law in California. They are actually two different classifications under the state’s law. California assault law, Penal Code 240 PC, defines assault and battery.

Assault is when there is an attempted act of using violence or force against another
Battery is defined as the actual action where force or violence is used against another

Under California law, when a person attacks another and it is classified as a simple battery, it is considered a misdemeanor punishable by a fine of up to $2 thousand alone or in combination with a maximum of six months in county jail.

However, the penalties are much higher when a battery inflicts significant injuries and it then becomes known as “aggravated battery.” A person convicted of an aggravated battery may either be facing a misdemeanor or a felony depending on the circumstances. Misdemeanors come with a maximum sentence in the county jail of up to one year while felonies can come with a four-year prison sentence. Continue reading

February 19, 2019

Misdemeanor Domestic Battery

by David M. Boertje

Domestic violence, according to The National Domestic Violence Hotline, is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. The behavior becomes criminal when one partner hits or strikes the other partner, known as battery, which is often part of the pattern of abusive behavior. Other words used to describe domestic violence include intimate partner violence, domestic abuse, or relationship abuse.

Who is an Intimate Partner?

Domestic battery as opposed to battery is a crime against a close family member or among persons in an amorous relationship, regardless of sexual orientation. An intimate partner includes a current or former spouse, a fiancé, co-parent of your child, a person you are dating, or a person who lives with you.

Domestic Battery Under the California Law

To be convicted of domestic battery under California law, the prosecution must prove that the accused person inflicted unlawful force or violence upon an intimate partner. (California Penal Code §243(e)(1)). If that charge fails, the prosecutor may charge the accused person with assault or battery.

Penalties for Misdemeanor Domestic Battery

Individuals convicted, by a guilty plea or after a trial, can face up to $2,000 in fines, be sentenced to one year in county jail, and be required to complete year-long treatment program for batterers. Beginning on January 1, 2019, there is the additional penalty of taking away the right of the accused person to own a gun for life.

Misdemeanor Domestic Battery Conviction Triggers Gun Ownership Ban

Any person convicted of misdemeanor domestic battery in California after January 1, 2019, even if it is a first offense, loses his or her right to own a gun for life. The imposition of the lifetime ban on gun ownership for convicted persons became law as part of Assembly Bill §3129 and is now part of the Penal Code at §273.5

Help is Available for the Accused Person

The National Domestic Violence Hotline helps the accused person as well as the victim of intimate partner violence. Per the hotline, if you are questioning your own behavior at all, or if someone else has brought it to your attention, acknowledging it is a step in the right direction. Give us a call today at 1-800-799-SAFE (7233) or chat online with us to start the conversation. Continue reading

December 22, 2015

Man Arrested in Officer Assault During Black Friday Brawl

by David M. Boertje

As the country braces for yet another holiday shopping season, it has already been reported that shoppers have been brawling all over the country at shopping malls. A man in El Paso has been arrested and charged with assaulting a police officer during a Black Friday brawl at a Walmart store. Authorities in El Paso arrested a 23-year-old man named Ruben Garcia after he allegedly hit an off-duty officer multiple times while he was working security at the store. Police claim Garcia was trying to take a TV that was already being held by an elderly woman. She was crying and asking for help. When the officer approached him, a fight ensured. Garcia is also accused of attempting to choke the officer. Garcia was booked into the El Paso County Detention Facility and charged with assault of a public servant.

What is Assault and/or Battery?

People often confuse the terms “assault” and “battery,” but the reality is that they are two distinct crimes in California. Under CA Penal Code § 240, assault is defined as the attempt to use force or violence against someone else. Battery on the other hand, results in the actual use of force or violence on someone else. Actual injury does not have to occur for battery charges, as long as the unlawful touching and force was committed.

August 27, 2015

Recent Arrest of UFC Fighter Highlights Complexity of Domestic Violence Law

by David M. Boertje

The recent arrest of retired UFC fighter Chris Leben in San Diego in connection with an incident between the fighter and his estranged wife serves as a cautionary tale of the seriousness of domestic violence charges in California.

Mr. Leben was arrested on multiple charges, including the violation of a restraining order. Though Mr. Leben’s recent arrest was not based on charges of assault or domestic violence, the restraining order obtained by his wife makes reference to physical violence. However, Mr. Leben has strongly denied any and all charges of domestic violence and claims that, in fact, he has been the victim of years of domestic violence at the hands of his wife. In a recent interview, Mr. Leben highlighted how charges of domestic violence pose a significant threat to his character and his livelihood.

Domestic Violence in California