Anthony Michael Hall, the actor best known for his role in the ’80s teen movie “The Breakfast Club,” was recently arrested for felony battery of his neighbor.
Actor is Facing Charges of Felony Battery
Hall was recently arrested for felony battery after allegedly breaking his neighbor’s wrist and injuring the man’s back. The September altercation at Hall’s condo complex in Playa del Rey, California, was captured on the security camera. The images show Hall hitting his neighbor, breaking the neighbor’s wrist and injuring the man’s back.
The Los Angeles County D.A. has charged Hall with felony battery with serious bodily injury. If convicted, Hall faces up to seven years in prison.
Should you find yourself in a similar position, with charges such as battery and assault, it’s advised that you work with a criminal defense lawyer.
Assault, Assault and Battery, or Aggravated Assault
The terms get thrown around a lot, but it’s important to understand the difference between assault, assault and battery, or v. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.
“Assault”
Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.
“Simple” and “Aggravated Assault”
Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.
Assault with a Deadly Weapon
An assault with a deadly weapon is when a person accompanies a physical attack with a physical object that capable of inflicting serious bodily injury or death. All states classify assault with a deadly weapon as a felony because the use of a dangerous object automatically creates a risk of serious consequences.
Deadly Weapon
The term “deadly weapon” typically refers to a wide range of objects capable of inflicting bodily harm. Examples include cars, golf clubs, knives, and guns. Other things such as pocketknives, stones, shoes, canes, and walking sticks can become “deadly weapons” depending on how a person wields them.
Penalties for Assault in California
A defendant convicted of simple assault faces the following possible penalties:
- up to one year in jail
- a fine up to $2000, and
- probation up to one year
(Cal. Penal Code § 241, 241.5, 241.6).
“Assault and Battery”
Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.
Penalties for Battery in California
Basic penalties for simple battery that are charged as a misdemeanor include:
- up to one year in county jail
- fine up to $2000, and
- probation up to one year.
(Cal. Penal Code §§ 243, 243.2, 243.25, 243.3, 243.35, 243.6, 243.65, 243.8).
San Diego Aggravated Assault Lawyer
Certain assaults are considered aggravated assault when a person causes serious bodily injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life. Assault with a deadly weapon, commonly referred to as ADW, is an aggravated assault because it is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. ADW is a “wobbler,” meaning that, depending on the circumstances, prosecutors can charge it as either a misdemeanor or a felony.
California State Law
State battery law prohibits the willful and unlawful use of force or violence against anybody. The Penal Code includes specific code sections regarding battery against specified persons such as peace officers, police officers, fire fighters, emergency response technicians, school employees, and others. The Penal Code also establishes separate laws regarding battery in the context of domestic violence.
San Diego Sexual Battery Attorney - Penal Code Section 243.4(e)(1)
Another type of battery, sexual battery, is defined under Penal Code Section 243.4(e)(1). Misdemeanor sexual battery occurs when “(a)ny person … touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification or sexual abuse.”
Contact a San Diego Assault and Battery Lawyer
The complexities of assault and battery laws are difficult for the average person to grasp, especially when a defendant finds themself charged under multiple sections of the Penal Code, all stemming from a single incident. This legal web is best negotiated with the assistance of qualified legal counsel like Sevens Legal Criminal Lawyers.
Why Work with a Criminal Defense Lawyer?
When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.
Your Criminal Defense Lawyer
While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.
If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800