Can Hands Be Considered "Deadly Weapons" in California?

Is it true that Mike Tyson's hands are considered "deadly weapons"?  If Chuck Norris karate chopped someone in a bar, would Mr. Norris be charged for "assault with a deadly weapon"?  In California, the answer is "maybe".

Section 245 of California Penal Code defines aggravated assault, commonly referred to as "assault with a deadly weapon, or by force or means likely to induce a great bodily injury".  To be guilty of violating PC 245, the DA must prove that the defendant willfully performed some act that would likely injure someone else.

If the defendant uses or attempts to use a weapon against a victim (he swings a baseball bat toward someone, or throws a rock at someone's head, etc.), a jury could convict him of violating PC 245 because those actions are likely to cause injuries, regardless of whether or not the defendant actually harms anyone.  Those are both examples of "assault by force or means likely to result in a bodily injury", even when nobody actually gets hurt.

A defendant can also be guilty of violating PC 245 without actually using any weapon.  Remember, using a weapon is NOT an element of this crime.  A defendant can be convicted for PC 245 if he and a friend (or several friends) cooperate to jump someone.  Even if none of the assailants use weapons, jumping someone in an unfair fight is likely to cause serious injuries to the target of that beating.  Anyone who participates in the beating is guilty of violating PC 245.

Similarly, the DA might file PC 245 charges in a case where a fair fight devolves into a beating.  For example, imagine two men voluntarily choose to fight in a parking lot.  The fight starts fairly and the two men are evenly matched, but one man slips, drops his hands, and gets knocked out.  After he falls unconscious, the other man continues kicking and beating him on the ground.  Obviously, beating and kicking an unconscious man is likely to cause serious injuries.  Even though this confrontation began as a fair fight, and even though the victor never used a weapon, he could still be charged and convicted for violating PC 245.

Back to my example of Mike Tyson or Chuck Norris assaulting someone in a bar fight: if either world-renowned fighter took a swing at a drunken amateur, it is probably likely that the poor victim would suffer some serious injury.  If a jury agreed, then Iron Mike and Master Norris could be convicted of PC 245, commonly known as "assault with a deadly weapon", simply for punching someone with a bare fist.

In the real world, though, cases aren't usually so cut-and-dry.  There are many possible defenses to assault charges, including self-defense.  If you or a loved one has been arrested for assault in California, call us for a free attorney consultation.  714 449 3335.  Ask for John.

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Fullerton assault lawyer

The Truth About DUI Lawyers

If you or someone you love has been arrested for a DUI, one of your first decisions must be whether or not to hire a private attorney.  Before you invest thousands of dollars on a stranger, I think it's important to have a good understanding of what a DUI lawyer can (and can't) do for you.

If your expectations of your attorney are unrealistically high, you will be disappointed and angry.  You might feel like your attorney made false promises and then ripped you off.  If your expectations are too low, you WILL get ripped off by an unscrupulous dump truck law firm.  The key, then, is to develop a proper sense of the role that DUI attorneys actually play in the process and how they can help.

At the most basic level, your attorney's job is to collect the facts, to develop a thorough understanding of your case, and to concisely explain how the law fits into those facts.  He should be able to lay out your options, your possible possible defense strategies and the risks associated with each of those strategies so that you are prepared to make well-informed decisions.

Your lawyer should take the time to outline the process so that you understand what to expect at each hearing.  Ultimately, he or she should guide you to the best conclusion possible under the circumstances, depending on your priorities.  If your attorney has done the job effectively, you should walk away with the feeling that you were treated fairly and that you received the best disposition possible.

And speaking of priorities, your attorney must have a good understanding of your goals and what you hope to achieve.  Of course, every client wants to avoid excessive penalties, but no two clients are in the exact same position.  Some defendants want to minimize their fines and fees, for example.  Others have no concern for expense, as long as they can be free from probation as soon as possible.  In addition to explaining various legal concerns, your lawyer should take the time to listen and to understand your personal situation so that you don't get shoehorned into a deal that doesn't fit.  

In addition to court-ordered penalties (probation, fines, mandatory classes, jail time, etc.), a DUI conviction may have "collateral consequences" -- things that the court has no control over.  Collateral consequences of a DUI may include things like discipline at work, an angry spouse, and an increase in the cost of your insurance.  The court will not warn you about these extrajudicial penalties, but your lawyer should.  Again, your attorney must take some time to understand your personal priorities.  

DUI lawyers will save you a lot of time, money and stress.  They will make your court appearances for you so that you don't have to miss work.  They will work to reduce your penalties (ideally by earning a reduction or a dismissal of the charges entirely, if possible).  They will alleviate your stress by ensuring that you understand the process and your options and they will arm you with good information so that you are empowered to make sound decisions.  

It's also important to remember, though, that DUI lawyers are not wizards.  They cannot change the facts of your case.  Despite what you might have seen on TV (and despite what some dishonest attorneys might promise), they cannot simply go golfing with the judge or take the DA to lunch and "make your case go away".  Most of the time, lawyers cannot bury the DA in paperwork or put a cop on the stand and make him admit that he's lying.  Sometimes we do those things, but those cases are exceptional. 

If you or a loved one has questions about a DUI in Orange County, call our office for a free attorney consultation.  714 449 3335.  Ask for John.

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Fullerton DUI Lawyer