Legal Question in Criminal Law in California

Hello Sir,

I have a question concerning an assault/battery. I have footage of an assault (the victim is already pressing charges). A guy walks over to another guy and acts as if he just wants to talk to him and suddenly he sucker punches him with a right left combination. The victim is very lucky to not be bad injured, but to me the footage looks quite shocking. The victim in that case did nothing to the assaulting guy as bystanders can testify.

Here is the footage (I put 2 clips in one video, which shows the assault first from one angle and then from another angle-audio is muted)

http://www.youtube.com/watch?v=09FfeF2OkEA

The assault happened in California.

Please tell me how long the assaulting person will have to go to jail if he is convicted.

Thanks a lot for the info.

Mike Brunner


Asked on 2/14/11, 6:03 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

The biggest question before anyone can even hazard a guess to sentence would be what charges are filed.

You say the victim is "pressing charges." Only the prosecution can do that - it's not up to any individual person to "press" or "drop" charges. An individual can sue in civil court, but that's different.

The perpetrator could be looking at a simple misdemeanor battery charge all the way up to felony aggravated assault under Penal Code section 245. The sentencing range is vastly different in those. Battery is a maximum of 6 months. 245 is a maximum of 4 years in state prison.

The facts of the case, the defendant's prior record (if any) and what the terms of any plea agreement matter... or it's up to the judge's discretion if there's a conviction after trial.

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Answered on 2/14/11, 6:09 pm
Joe Dane Law Office of Joe Dane

The "my hands are deadly weapons" thing is a myth. My original answer stands.

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Answered on 2/14/11, 7:26 pm


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