What is the crime of battery?

Penal Code Section 242 is the criminal statute referring to the crime of battery. To prove a person guilty of such a charge, the prosecutor must prove that the defendant willfully and unlawfully touched another person in a harmful and offensive way, and that person suffered serious bodily injury as a result of the force that was used at the time of the offense. The person alleged to commit the offense must have done so willfully. It does not matter that he or she intended to break the law or hurt someone else. The focus is on the act and that act must have been done willfully. Making contact with another person, including through his or her clothing, is enough to commit a battery. The act must have resulted in serious bodily injury to another. Serious bodily injury means serious impairment of physical condition, and can include loss of consciousness, concussion, loss or impairment of function of any bodily member or organ. Unlawful touching of another to constitute a battery can include indirectly touching another by causing an object or someone else to touch the other person.

A person who is guilty of PC 242 battery can be punished as follows: serve a maximum sentence of six months in the county jail and pay a fine not exceeding to $2,000.00. The crime of battery is a misdemeanor.

If you are not a citizen of the United States, a conviction of battery may result in negative immigration consequences including the denial of naturalization of citizenship or legal permanent residency.

Defenses to battery can include self-defense or acting in defense of others. In the event a parent is accused of battery to a child, a defense to such a charge can include sufficient evidence of reasonable discipline.

If you or someone you know is being accused of battery, contact the Gonzalez Law Firm immediately and seek legal help at once. You have a right to remain silent, and you do not need to discuss or provide information to law enforcement personnel in the event you are being investigated for such a charge. The Gonzalez Law Firm has provided over 17 years of legal experience helping persons being accused of battery. Mr. Gonzalez appears in all California courts in all counties.

Anti-revenge Pornography Defense

A new crime is on the books for the State of California. On October 2, 2013, California Governor Jerry Brown signed into a law the so- called “anti-revenge porn” bill that had been sponsored by State Senator, Anthony Cannella, a Republican. The law is meant to protect victims whose generally nude or naked pictures are posted on the internet by disgruntled exes or perhaps former friends of such victims. The new law, that became effective immediately upon the signing by Governor Brown, makes it a misdemeanor punishable by up to six months in jail and a fine of $1000 to post identifiable nude pictures online. With the ever increasing use of social media, like Facebook or You Tube, sometimes such media has been used by persons to post embarrassing or intimate pictures of others without their consent. Victims could pursue a civil legal action for monetary awards or settlements. However, this new law has now made such conduct a crime.

If you are accused of posting pictures online in violation of the “anti-revenge porn”, you need an experienced criminal defense attorney to fight for you and defend your legal rights against such allegations. There are defenses to such criminal allegations. It is not your responsibility to prove that you are innocent. You are innocent until proven otherwise, and it is the responsibility of the prosecutor to prove his or her case against you beyond a reasonable doubt. Contact the Gonzalez Law Firm/ David Gonzalez to help you when you are accused of any crime. His firm provides legal services in all counties of the State of California. Call his firm today at 714-953-5217 or 877-345-2997.

Parenting tips for having a safe and fun Halloween with your children.

Halloween is upon us again. Children are looking forward to wearing their best ghoul and goblin and princess costumes.

Halloween tends to be a festive celebration. One where there can also be party goers who drink alcohol and choose to drive to and from their Halloween parties.

So parents when you take your children out for trick or treating, keep in mind some of the following helpful tips:

Start your trick or treating early:

During daylight and prior to dusk is a good time in which to start your child's trick or treating. Your children can be seen by drivers. As dusk passes, bring a flashlight that can illuminate for over 30 feet if possible. Cell phones can also download certain flashlight apps making the cell phone a flashlight. For example, Torch Flashlight App can be obtained trough the App Store from iTunes. Although such apps provide illumination, a typical hardware flashlight may be your best bet.

Have an adult be the leader of the pack and also have an adult protect the rear:

Children do like to run off on their own to various homes to be the first to get the candy. It is wise, however, to have an adult maintain a reasonable distance ahead of the pack to make certain a child does not run across a street. An adult should also cover the rear to make certain no child is left behind or is not accounted for in the event the pack gets a bit to far ahead. Always keep a count of the children and always use your flashlights to direct crossing a street if necessary.

Designate a location to meet ahead of time in the event your pack separates:

It does happen. Parents cannot hold the pack together. That is fine should it occur; just a normal part of the fun. But parents can designate a certain landmark as a meeting place for the pack to get together again in the event there is a break in the group. Such landmarks can include the corner of the street, the house at the end of the street, the stop sign area, just to name a few examples.

Keep an eye out for careless drivers:

Keep a watch out for drivers who do not have their car headlights on, the driver who is using the cell phone while driving, the driver who may be driving a bit too fast for driving conditions. They are out there. Parents should be watchful and attentive to their surroundings while their kids are trick or treating. Use your cell phone to call 911 to report such careless drivers especially any driver that may be driving a bit erractically in a neighborhood. Such a driver may be driving under the influence of alchohol so it is wise to involve your local police agency should you suspect such a driver.

Just a word of advice to any one who may drive to and from their Halloween parties: if you are going to drink, do so wisely and responsibly. Designate a driver who has not consumed any alcohol to drive you to your destination. Use a fun shuttle or limousine service. Do the right thing: DO NOT DRINK ALCOHOL AND THEN GET BEHIND AN AUTOMOBILE TO DRIVE. If you do so, you risk putting the lives of children and others in danger. There are stiff penalities in California for drinking and driving. A first time conviction for driving under the influence criminal charge charge can include jail time, years on probation, loss or suspension of a driver license, court fees and fines, and participation and completion of a state mandated alcohol program. A person can spend about $5,000.00 in fees, penalties, and fines. Furthermore, the drunk driving conviction can remain on a driver's licensing record for 10 years. Convictions for second or third DUI offenses can be even more severe. If a driver has consumed alcohol and gets involved in a car accident, that person faces a felony charge and possible felony conviction. A jail sentence for a period of months may be ordered by the judge.

Halloween should be a time of fun for all. Children get the most fun wearing that cool ninja constume or that beautiful princess costume. Parents love to see their children radiate wearing such costumes and getting their favorite candy in their Halloween bag. Let all of us do our best to maintain a safe and sane Halloween.

The Gonzalez Law Firm has over 18 years of experience helping families with their legal issues. Attorney David Gonzalez has offices in Fullerton and Santa Ana and can assist you with your child custody issue, parenting rights, or dissolution of marriage matter. His firm also assists persons who may be accused of criminal charges including misdemeanor or felony DUI charges. Contact his firm for a consultation concerning your legal issue.

What is an "assault with a deadly weapon" charge in California?

California Penal Code Section 245 is the section that defines assault with a deadly weapon or force likely to produce great bodily injury. Section 245 also defines the various punishments given if a person is convicted of that charge.

Penal Code Section 245(a)(1) states that any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding $10,000 or by both the fine and imprisonment.

To prove someone guilty of a charge of assault with a deadly weapon, the prosecutor for the state must show that the person did the act with a deadly weapon that by its nature would directly and probably result in the application of force to a person. The prosecutor must also show that when the person acted that she or he had the present ability to apply force likely to produce likely to produce great bodily injury with a deadly weapon to a person. The term force or application of force means to touch a person in a harmful or offensive manner. Slight touching can be enough if it is done in a rude or angry way. Even making contact with another person, including through his or her clothing, can be enough. The touching does not have to cause pain or injury of any kind.

A deadly weapon is any object, instrument or weapon that is inherently deadly or dangerous or one that is used in such a way that is capable of causing and likely to cause death or great bodily injury.

A defense to assault with a deadly weapon can include self-defense or defense of others. Whenever you or someone you know is charged with an assault with a deadly weapon it is important that you contact the David Gonzalez Law Firm in order to get immediate legal help with this serious criminal charge. If you are contacted by any law enforcement officer requesting that you speak with such authority, you must remember that you have a legal right to remain silent. Although you may be told by such law enforcement that your speaking or discussions with them will help you to prevent harsher legal consequences, experience shows that law enforcement will use anything you say voluntarily against you when you end up being charged with assault with a deadly weapon. Speak only to Santa Ana Attorney David Gonzalez by calling his office and arranging for a confidential consultation. Call now and retain the experience of a criminal defense attorney. The Gonzalez Law Firm helps all clients with criminal charges in all counties throughout the State of California.

~ David Gonzalez