Category Archives for Violent Crimes

Battery against school employee

Battery against school employee

Battery against school employee is a very simple crime but is very serious inBattery against school employee nature. Its a sub-type of battery that is done against a specific group of people. In order to charge you with battery the prosecutor has to prove 5 (possibly 6) things. 1. that the victim of the battery against school employee. that means that it is any person that is a certified or classified employee of a school district. That person may be doing it on a part time or full time basis. Examples may include teacher, substitute teacher or a school board member. 2. that you willfully and with criminal intent harmed the victim. 3. when the victim was doing his/her duty as a school employee. 4. You knew or can reasonably tell the victim was a school employee. 5. victim suffered injuries because of the battery. 6. that you did it for reasons that weren’t self defense. Its important to know that all of this is not possible without intent. if you accidentally hurt someone it does not satisfy the second condition. Usually when it comes to battery and assault cases its usually because someone has a grudge against someone else. And therefore intent is the key part when it comes to crimes like these. A thing to know here is that battery can result from the slightest touch. This touch can even be indirect. Contact with a person through his/her clothing is enough to count as battery. The touch itself does not have to inflict pain or injury. So what does this mean when there was contact but there was no injury? It then falls to the judge/jury to decide how severe the crime can get.

If you or someone you know had an unfortunate run in with the law for battery against school employee, get help from an attorney to clear it up.

Openly Carrying A Gun

Openly Carrying A Gun

Openly Carrying a Gun also known as the “open carry” gun lawopenly carrying a gun, allowed people to carry an unloaded gun in public as long as the gun was visible and was not prohibited in an area. However in 2012 openly carrying a gun was changed and is now illegal.Contrary to popular belief open carry doesn’t mean specifically on you. An open carry can also mean in your car. In public can mean a place or street. This part of the crime becomes very technical here however. A home for example is considered a private area, however the street on which the home is on is considered public. If an officer were to see you pull a gun out of your car’s trunk, he can arrest you for openly carrying a gun. There are a few exception to be able to carry however. You can carry a gun if you are/have You have to have a  permit such as if you are a hunter. Or you were carrying the gun inside a car in a locked container or in the trunk (for a lawful purpose). Or that you were transporting a gun that was not concealable, ie. a long rifle or shotgun. Common guns that are considered non-concealable usually have barrels longer than 16″. Its important to note that this law applies to guns that aren’t loaded. If the gun was loaded it is charged under “carrying a loaded firearm”.

Punishments for Openly Carrying a Gun

Openly carrying a gun is a misdemeanor. It comes with a year in jail or up to a $1,000 fine. You can receive both the jail time and the fine if you were carrying ammo for said gun and if you weren’t the owner of the gun. This offense can add with itself for each gun you carry.

If you or someone you know was charged with openly carrying a gun, speak to an attorney to learn what you can do.

Grand Theft Firearm

Grand Theft Firearm

Grand Theftgrand theft firearm in California usually is applied to money, or object that are stolen and have a combined value of over $950. If under that value the crime is a petty theft. However stealing a firearm no matter its cost is an automatic grand theft thus giving it the name Grand Theft Firearm. In order to be properly charged with grand theft firearm however, you have to intentionally steal the gun. This means that if you accidentally stole the gun somehow, perhaps it was in a bag that you thought was just full of money. Or possibly you thought the gun rightfully belonged to you, then you cant be charged with grand theft firearm.  Normally Grand Theft by itself is a wobbler. This means that the crime could be charged as a misdemeanor or a felony. However stealing a firearm (Grand Theft Firearm) automatically makes it a felony.

Punishments for Grand Theft Firearm

As said before the crime is a felony. You can see up to 3 years in prison for this crime. Being convicted of this crime will also give you a strike on your record. Some related crimes include burglary. This can happen when you enter or intrude on the property in which the gun was kept at. Embezzlement can also be charged. This happens when you take the gun from someone who entrusted you with it. An example of this would be taking the gun your friend gave to you for hunting. You then took the gun and refused to give him/her the gun back after you were done with it. Using force or fear to steal a person’s gun can also put you in trouble for robbery. Lastly, if you knew that you were going to receive or buy a gun that was stolen. You can be charged with receiving stolen property.

If you or someone you know was charged with grand theft firearm, speak with a defense attorney. Its important to know that you can still fight.

Hazing 245.6 PC

Hazing 245.6 PC

Hazing is commonly mixed in with initiation. Its the practice of making new members of some group go through difficult or humiliating testshazing. If done to create a silly thing it can be entertaining. However hazing can go too far. it can be cruel and harmful to a person and so it can even be a crime. Hazing as a crime is relatively new as it was barely put in during 2006.  Problem is that since this law is still new, a lot of young people don’t even know they’re committing the crime, Even worse if its a practice that has a long history in a group. The legal definition of hazing has to fulfill 3 conditions. 1. it has to be a part of an initiation into a student organization/body 2. it has to likely cause a serious bodily injury to a student 3. and it does not include customary athletic events or school sanctioned events.

Student organization or student body

Hazing usually occurs during the initiation phase of allowing someone into a group. A student body or organization can include sport teams, fraternities or sororities. Or just a group of older high-school/college students pushing freshman to do a test. The actual hazing has to to be done under this notion of initiation.

Likely to CAUSE serious bodily injury

The most important factor is that it can cause a serious bodily injury. Not the same as a great bodily injury. This includes concussions, broken bones, stitches, disfigurements, etc…This mainly covers hazing that can cause serious injuries. Its important that injuries themselves do not actually have to happen. Just as long as the situation could be dangerous.  However as long as its not a physical injury, it will not be a crime under hazing.

Not at a customary athletic/school-sanctioned event

Hazing cannot happen if it occurs during regular school events. It has to be done without the school having a part in it. This means games between schools or just school events cannot be considered hazing.

If you or someone you knew was accused of hazing. Go see an attorney to see all your options.