Articles Tagged with battery

Assault is one of the oldest crimes in the book. Often, as is evidenced by film and television, it is linked to the crime of battery. While it is true that is it possible to be charged with “assault and battery,” it is possible to be charged with one crime, but not the other. One thing is true with regard to conviction for either crime in the state of California – you will face serious consequences. As such, you need to rely on the skill of an experienced California criminal defense attorney. A skilled attorney will fight to protect your legal rights, invoke any legitimate defenses (e.g. self-defense), and explore all avenues of reasonable doubt in challenging the state prosecutor’s efforts to convict you.

Distinguishing Assault from Battery

Sometimes the difference between assault and battery is simply the difference between a swing and a miss and a swing and a hit. In other words, the outcome of the swing matters. The swing is the attempt, and it is the crucial element of assault. Under California Penal Code 240, assault is an attempt to use force or violence on another person. So, even if you attempt to throw a punch or a swing baseball bat at another person and fail to make contact with them, you may be properly charged with assault for merely making the attempt to use force or violence on them.  

In the state of California, there is a crime termed “assault with a deadly weapon.” Codified by California Penal 245 PC, assault with a deadly weapon occurs when at least one of two criteria is met – a California assault that is committed with a “deadly weapon,” or a California assault that is committed with a level of force that is likely to produce great bodily injury. For individuals in the San Diego area who have been charged with assault with a deadly weapon, it is imperative to understand the nature and potential consequences of a conviction and to retain the services of a skilled and experienced California criminal defense attorney.

What Makes a Weapon Deadly in the State of California?

The first question asked when contemplating the charge of assault with a deadly weapon in the state of California usually pertains to what distinguishes a “deadly” weapon from a non-deadly weapon.  California law, as one might expect, makes the differentiation. In California, a “deadly” weapon is any object, instrument, or weapon that is used a way that renders it capable of producing, and likely to produce, death or great bodily injury. Of course, the language here breeds further questions. What is “great bodily injury?” Used in what way? What objects, instruments, or weapons? Guns and knives come to mind quickly, but the list of deadly weapons contains many more items that just these two. For example, even a bottle or pencil, if used to attack someone, may rise to the level of deadly. This is because the law considers more than just the nature of the object in question; it also considers the purpose with which the object is used. Thus, an ordinary object such as a screwdriver, for instance, may be deemed a deadly weapon if used for the purpose of causing great bodily harm.  

During a dispute over his son, rapper Sean “Diddy” Combs allegedly attacked an assistant UCLA football coach and a UCLA intern by swinging a kettlebell at them. Combs was accused of assault with a deadly weapon as well as making criminal and terrorist threats and battery by UCLA police. Combs says that he was defending himself and his son Justin. His son, Justin Combs, is a redshirt on the UCLA football team.

The confrontation allegedly happened after UCLA conditioning coach Sal Alosi told Justin to get off the field during a summer workout. Later that same day, Justin and Sean Combs walked into his office, and the conversation became heated. Sources say that Combs allegedly grabbed a kettlebell and swung it around.

Nathalie Mora, a representative for Combs Enterprises, provided a statement that said, “The various accounts of the event and charges that are being reported are wholly inaccurate. What we can say now is that any actions taken by Mr. Combs were solely defensive in nature to protect himself and his son.”