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San Diego County Criminal Defense Legal Blog

Confused about your assault and battery charges? You're not alone

It is perhaps not that uncommon for California police to arrest people on charges that these individuals do not fully understand. Certain charges are used quite frequently in popular media, including assault and battery, which do not always line up with the reality of how authorities file and pursue these allegations. Defendants who are charged with assault and battery, and are confused about their circumstances, should consider the following.

Assault and battery are not one in the same. In general, assault is defined as attempting to harm another person. For example, assault could take place in a situation where a person swings at another person but misses, engages in threatening behavior or makes threats of immediate violence. These attempts must be intentional to truly be considered assault. Since assault does not require that any physical touch takes place between two parties, it is sometimes referred to as attempted battery instead.

Understanding California robbery laws

If you have been accused of a crime, it makes sense to prioritize spending time researching the nature of the offense, and how the law works. If you have been accused of stealing something, you may be facing robbery charges in California.

Being found guilty of robbery can potentially lead to serious consequences. This is why you should act swiftly to develop a solid defense. By understanding the intricacies of the law, you will be better equipped to do this.

Military Diversions can help service members charged with crimes

Serving in the U.S. Armed Forces is a selfless act that not many people are willing to make. While both active duty members and veterans typically take great pride in their service, these men and women often endure traumatic events.

Suffering extreme trauma can influence a person's behavior and actions, which on occasion manifests in criminal behavior. The Military Diversion program might be an option for those who are facing misdemeanor charges in California.

Driver charged with DUI in fatal accident

California police recently arrested a woman accused of a fatal drunk driving incident. She is facing multiple charges, including for a DUI, a hit-and-run accident resulting in injury or death, gross vehicular manslaughter and murder. This the driver's second DUI arrest, although it is not clear if she was convicted after her 2011 arrest.

The 33-year-old woman was denied service at a bar, and the manager cited her allegedly inebriated behavior -- including nearly stepping on a dog and being excessively loud -- as the reason. Police believe that she then went to a different bar at approximately 11:30 p.m., where her 25-year-old co-worker and his girlfriend were having a date. She was also denied service there.

Don't wait to act on domestic violence charges

Accusations of domestic abuse can be devastating. Dealing with these types of charges is especially difficult because of the sensitive nature of these matters, and you may feel as if you have few options to assert your own rights. If you were charged with domestic violence, it is important to remain vigilant with your defense. Here is some information about domestic violence that might help you better understand your charges, which can be useful during criminal defense planning.

In California, domestic violence can occur between any two people who have a close, personal relationship. While allegations of this sort often occur between couples who are married or dating, a romantic component is not a necessary component of a close relationship. Some defendants are confused when they are charged with domestic violence for a nonromantic relationship since news reports and popular entertainment forms usually only depict romantically-involved couples dealing with this issue.

A DUI will have a significant impact on you in California

DUIs are taken seriously in California because they have such a serious impact. Alcohol-impaired fatalities rose by 16.3% between 2015 and 2016. In 2016, 15% of those killed in crashes tested positive for drugs (legal or not) in their system. That's a decrease from previous years, but it still shows that there are people putting others at risk on the roads.

If you're one of those people but haven't been caught, consider yourself fortunate. A DUI has a serious impact on your record and your finances. If someone is hurt because of your actions, you could face heavy penalties, prison time and more.

Police charge driver in fatal accident with DUI

A California man is facing criminal charges following a fatal accident. Police arrested the driver on three counts for gross vehicular manslaughter as well as one count for felony DUI. A judge set the man's bail at $100,000 and at last update he was still in police custody.

According to police, the 46-year-old man was driving while under the influence of alcohol through a residential area just before the wreck. Witnesses told authorities that it appeared as if he was driving around 50 mph just before the accident, which is more than twice that of the legal speed limit in the area. At some point he apparently lost control and drove off of the road and then through a fence. His vehicle then struck a residential home.

Underage driver charged with DUI

An alleged drunk driver hit several cars and drove along the sidewalk before he was arrested by police. According to California authorities, the driver was only 20 years of age and, therefore, underage for drinking. He has been charged with DUI in addition to several more criminal charges.

Police were notified of a speeding driver shortly before 9:30 p.m., and local officers and deputies reported to the scene. It is believed that the young driver was under the influence of alcohol when he drove his vehicle onto a sidewalk, struck a parked vehicle and then hit a support for a nearby deck. The support failed and fell on to the vehicle he had initially hit. After being hit, the vehicle was pushed forward and hit a second vehicle, which was then also hit by the falling deck.

Wrong-way driver arrested on DUI charge

A driver who was allegedly under the influence of alcohol caused a head-on collision with a tractor-trailer. A witness had alerted authorities to a wrong-way driver shortly beforehand, but police were not able to reach the scene in time to prevent the accident. No one was killed in the wreck, which California police expressed surprise over. The driver who apparently caused the accident was arrested for DUI.

The semi-truck driver was heading south on I-15 when he says he spotted headlights coming toward him. According to police, the alleged drunk driver was heading north in the southbound lanes of the interstate. The semi-truck driver says he tried to avoid a collision by shifting the vehicle into a different lane, but claims that the other driver moved into the same lane too. Both vehicles sustained serious front-end damage, but no one died.

Police charge woman posing as nanny for theft, cruelty to child

Police in California recently arrested a woman they say had been falsely posing as a nanny. She is charged with identity theft as well as cruelty to a child by inflicting injury. Police say this is not her first encounter with the law nor her first time being accused of pretending to be a nanny.

Authorities believe that the woman initially posed as a mother seeking care for her own children in order to interview various nannies. During the interviews, she reportedly collected the nannies' personal information, which she said she would use to verify their credentials. Instead, she took the information and provided it to other families when she interviewed to be a nanny. The information would make it appear as if she had cleared various criminal background checks in the state of California.

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