In the cases of traffic violations, most bails are set fairly low. Generally several hundred to $2,500 estimated. However, if the offense is a repeat occurrence, a much high bail may be set, possibly in the $100,000 range.
Thursday, December 27, 2012
Traffic Violation Bail Bonds
Many traffic violations will only incur a citation or a fine, however, harsher violations such as a DUI or driving without a license may cause stiffer penalties. If someone is pulled over for one of these harsher offenses, they may end up in jail and awaiting a bail to be set. If a bail is set, you may seek out a bail bondsmen to post your bail and release you. If you are released on bail, you must go to your court dates or your bail may be forfeited.
In the cases of traffic violations, most bails are set fairly low. Generally several hundred to $2,500 estimated. However, if the offense is a repeat occurrence, a much high bail may be set, possibly in the $100,000 range.
In the cases of traffic violations, most bails are set fairly low. Generally several hundred to $2,500 estimated. However, if the offense is a repeat occurrence, a much high bail may be set, possibly in the $100,000 range.
Tuesday, December 11, 2012
Robbery
Petty Theft
Commercial burglary also called shoplifting is the act of stealing merchandise or property from a retail establishment. Shoplifting is among the most common arrests for police, and one of the most common crimes seen in the courts. While most shoplifting is done by amateurs there are individuals and even groups who shoplift for a living. Shoplifting has a tremendous impact on the bottom line of retailers who report that around 0.6% of their inventory disappears from their shelves as a direct result of shoplifters.Petty theft of this kind is such a problem that it accounts for up to 30.6% of business shrinkage reported by small and medium sized businesses. Bail amounts for shoplifters are generally fairly low, but they can vary depending on the value of the stolen merchandise and whether or not the defendant has any prior arrests. Regardless of the amount, Love Bail Bonds Company is available to provide bail bond assistance if you or a family member have been arrested for shoplifting.
PC 459 Theft / Burglary / Robbery Bail Bonds
Burglary is a crime that is always coupled with another crime. Burglary occurs when a person enters any house, room, apartment, shop, warehouse, store, tent, or floating home among other dwellings and storage facilities with the intent to commit petty or grand theft or to commit another felony. Therefore, one who enters a house without the intent to steal or commit a felony is not guilty of burglary.There are two forms of burglary, burglary in the first degree and burglary in the second degree. Any burglary of an inhabited dwelling is considered burglary in the first degree, while any other burglary is of the second degree. This means that robbing a person’s home is first degree but robbing a cargo container (unless someone lives in it) is burglary of the second degree.
Robbery is a combination of assault and theft. It is the felonious taking of personal property in the possession of another, from his or here person or immediate presence, and against his or her will, accomplished by means of force or fear.
A person may be guilty of forgery if that person signs the name of another person on a document, without that person’s authority. The person also has to sign the document with the intent to defraud or steal. Forgery can also occur when a person makes false identification cards or other fake documents.
Fraud is crime that requires deceit on the part of the person charged. There are all sorts of frauds, ranging from business and insurance fraud to defrauding a government agency by getting involved in worker’s compensation fraud and welfare fraud.
Identity theft is a crime that has seen some publicity of late. People have so much information floating around on the Internet that it has created an incentive for others to steal that information and use it to obtain credit, phones, or almost anything else.If you have a friend or loved one who has been accused of any theft related charge, it would be very wise to bail them out so they can fight their case.
Narcotics
| Florida Drug StatisticsIn 2007, 155,246
adults were arrested for drug related offenses. In a recent survey
conducted by the United States government, 7.8% of Florida residents
reported using illicit drugs within the past month; 3.5% of respondents
stated that they used a narcotic other than marijuana in the past month.
Drug charges are serious crimes that can result in serious
consequences. Currently there are about 2.3 million drug offenders incarcerated in the United States prison system. This number constitutes 19.5% of the total prison population. |
Drug charges in Florida usually have a mandatory minimum sentence, or MMS, associated with the offense. When someone is convicted of an offense punishable by a MMS, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum.
Moreover, a prisoner serving an MMS for a federal or state offense will not be eligible for parole. However, a person arrested for a drug charge may still be eligible for bail before his or her court date. Bill and Bill Bail Bonds provides narcotics bail in Jacksonville and its surrounding communities. Narcotics bail in Jacksonville will get your loved one released from prison in just a few hours.
Misdemeanors
Misdemeanor bail refers to the type of bail necessary for a specific
type of criminal offense. There are three categories of criminal
offenses within the United States: infractions, misdemeanors, and
felonies. An infraction carries the penalty of a fine such as in a
traffic violation. Misdemeanors are middle of the road criminal offenses
and can carry penalties of up to a one year jail sentence, or a $1,000
fine, though, probation or weekend lock-up, are options for punishment,
as well. Felonies are the worse type of criminal offense and carry the
most severe penalties. They typically carry a minimum sentence of one
year in a state penitentiary.
Misdemeanor charges are typically filed on paper, without the need for a hearing. The person accused of the crime is simply mailed court documents, ordering their presence in court on a specific day. This typically results in the accused being released on his or her, “own recognizance”, and formal bail being unnecessary. If the accused is held in jail prior to paperwork being filed, the stay is normally brief in comparison to more serious charges, prior to their issuance of the “promise to appear” citation. Whether a bail bond is required for misdemeanors will depend on the jurisdiction filing the charges and the plea. However, there are cases where “misdemeanors” carry bail, in jurisdictions that do not regularly require it. This occurs when misdemeanor crimes are “elevated” to felonies, when prior similar criminal acts have occurred, the nature of the crime is considered more serious, or the injuries inflicted upon the victim are severe. In many courts, these are referred to as second and third strike laws, where the misdemeanor can include the potential for longer jail sentences, and/or state penitentiary time. In the case of felonies, bail bonds are always required – if bail is even a viable option. It is also true that misdemeanors can be decreased to infractions.
Misdemeanor bail is as binding as any other type of bail bond, though the charges are typically less serious. Whether misdemeanor bail is necessary, or not, the accused is required to appear for court, or will be issued an arrest warrant.
Misdemeanor charges are typically filed on paper, without the need for a hearing. The person accused of the crime is simply mailed court documents, ordering their presence in court on a specific day. This typically results in the accused being released on his or her, “own recognizance”, and formal bail being unnecessary. If the accused is held in jail prior to paperwork being filed, the stay is normally brief in comparison to more serious charges, prior to their issuance of the “promise to appear” citation. Whether a bail bond is required for misdemeanors will depend on the jurisdiction filing the charges and the plea. However, there are cases where “misdemeanors” carry bail, in jurisdictions that do not regularly require it. This occurs when misdemeanor crimes are “elevated” to felonies, when prior similar criminal acts have occurred, the nature of the crime is considered more serious, or the injuries inflicted upon the victim are severe. In many courts, these are referred to as second and third strike laws, where the misdemeanor can include the potential for longer jail sentences, and/or state penitentiary time. In the case of felonies, bail bonds are always required – if bail is even a viable option. It is also true that misdemeanors can be decreased to infractions.
Misdemeanor bail is as binding as any other type of bail bond, though the charges are typically less serious. Whether misdemeanor bail is necessary, or not, the accused is required to appear for court, or will be issued an arrest warrant.
Marijuana Bail Bonds
Recently, many states have experienced a trend toward leniency for
the simple possession of marijuana without the intent to distribute. In
New Jersey, simple possession of less than 50 grams of marijuana is a
disorderly persons offense, which is a minor offense, distinguished from
the indictable crime of possession of more than 50 grams of marijuana.
Possession of less than 50 grams of marijuana carries maximum penalties
of up to 6 months in prison and $1,000 in fines, but first time
offenders is eligible for a diversionary program known as a Conditional
Discharge. Diversionary programs usually involve drug testing in lieu of
jail, and the promise that the crime will be sealed from the
individual's record so long as the drug tests are negative, and the
rules set forth by the diversionary program are followed.
When a person is found with possession of less than 50 grams of marijuana, no amount of marijuana is too small to avoid arrest. Even if an individual does not have any marijuana, but only has a pipe containing residue, that person will be charged with possession of less than 50 grams of marijuana and possession of drug paraphernalia which is also a disorderly persons offense. Common scenarios in which charges of possession of less than 50 grams of marijuana have resulted include when the police find a " joint or roach "in an ashtray, or a small plastic baggy containing the remnants of marijuana (i.e. crystals or red hairs), or even something as harmless as a baby marijuana seed or a broken stem. Just as almost anything can constitute possession of less than 50 grams of marijuana, almost anything can also constitute marijuana paraphernalia, even the little baggy containing nothing but crystal dust. Other items that constitute marijuana paraphernalia include rolling papers, bongs, pipes, chillums, one-hitters, scales, and jars. Thus, the item does not need to be used to smoke the marijuana to constitute paraphernalia. It can just as well be paraphernalia if used to transport the marijuana instead.
There are many defenses against possession of marijuana, especially in the constitutional realm. This is because when police find marijuana on a person, frequently the police have conducted a search of the person, the person's vehicle, their house or all three. Anytime there is a search involved, the search must be reasonable in light of the person's privacy expectations. Police must follow very strict rules when carrying out searches of individuals and their belongings, and any overstep of authority can be grounds to keep evidence out of trial. Additionally, once the police have obtained a suspect, they must follow specific rules with respect to questioning. The police must inform the accused that he has a right to an attorney, and if the accused requests an attorney, the police may not interrogate the accused unless and until the attorney arrives. Any interrogation that occurs in the meantime will result in the answers being withheld from trial. Thus, even if a person does not have an attorney it is important to ask for one, and to know that police are breaking the law if they try to interrogate you before the attorney arrives.
Another offense often coupled with charges of simple possession includes possession of drugs in a motor vehicle. This is a separate charge that will supplement charges for simple possession of marijuana and possession of marijuana paraphernalia. Thus, if a driver is pulled over and found with a nickel bag of marijuana, and a smoking pipe in the car, the driver will be charged with possession of less than 50 grams of marijuana, possession of drug paraphernalia, and possession of drugs in a car as three separate charges. Possession of drugs in a motor vehicle is a traffic offense involving fines and a mandatory 2 years loss of driving privilege.
When found with 50 grams of marijuana or more, the charges increase and unfortunately, so do the penalties. For 50 grams of marijuana or more, the charge becomes a 4th degree crime, which is one step above a disorderly persons offense, but a very important step because a 4th degree crime is an indictable crime so the charge must be brought in criminal court. The penalties for a conviction of a 4th degree marijuana crime include up to 18 months in prison and up to $25,000 in fines. Another circumstance that can severely enhance the penalties occurs when the arrest takes place in a public park or in a school zone, irrespective of whether the school is in session or there are children nearby. In such a case, a person may be subjected to severe community service penalties, in addition to the penalties listed above and a longer jail sentence.
When a person is found with possession of less than 50 grams of marijuana, no amount of marijuana is too small to avoid arrest. Even if an individual does not have any marijuana, but only has a pipe containing residue, that person will be charged with possession of less than 50 grams of marijuana and possession of drug paraphernalia which is also a disorderly persons offense. Common scenarios in which charges of possession of less than 50 grams of marijuana have resulted include when the police find a " joint or roach "in an ashtray, or a small plastic baggy containing the remnants of marijuana (i.e. crystals or red hairs), or even something as harmless as a baby marijuana seed or a broken stem. Just as almost anything can constitute possession of less than 50 grams of marijuana, almost anything can also constitute marijuana paraphernalia, even the little baggy containing nothing but crystal dust. Other items that constitute marijuana paraphernalia include rolling papers, bongs, pipes, chillums, one-hitters, scales, and jars. Thus, the item does not need to be used to smoke the marijuana to constitute paraphernalia. It can just as well be paraphernalia if used to transport the marijuana instead.
There are many defenses against possession of marijuana, especially in the constitutional realm. This is because when police find marijuana on a person, frequently the police have conducted a search of the person, the person's vehicle, their house or all three. Anytime there is a search involved, the search must be reasonable in light of the person's privacy expectations. Police must follow very strict rules when carrying out searches of individuals and their belongings, and any overstep of authority can be grounds to keep evidence out of trial. Additionally, once the police have obtained a suspect, they must follow specific rules with respect to questioning. The police must inform the accused that he has a right to an attorney, and if the accused requests an attorney, the police may not interrogate the accused unless and until the attorney arrives. Any interrogation that occurs in the meantime will result in the answers being withheld from trial. Thus, even if a person does not have an attorney it is important to ask for one, and to know that police are breaking the law if they try to interrogate you before the attorney arrives.
Another offense often coupled with charges of simple possession includes possession of drugs in a motor vehicle. This is a separate charge that will supplement charges for simple possession of marijuana and possession of marijuana paraphernalia. Thus, if a driver is pulled over and found with a nickel bag of marijuana, and a smoking pipe in the car, the driver will be charged with possession of less than 50 grams of marijuana, possession of drug paraphernalia, and possession of drugs in a car as three separate charges. Possession of drugs in a motor vehicle is a traffic offense involving fines and a mandatory 2 years loss of driving privilege.
When found with 50 grams of marijuana or more, the charges increase and unfortunately, so do the penalties. For 50 grams of marijuana or more, the charge becomes a 4th degree crime, which is one step above a disorderly persons offense, but a very important step because a 4th degree crime is an indictable crime so the charge must be brought in criminal court. The penalties for a conviction of a 4th degree marijuana crime include up to 18 months in prison and up to $25,000 in fines. Another circumstance that can severely enhance the penalties occurs when the arrest takes place in a public park or in a school zone, irrespective of whether the school is in session or there are children nearby. In such a case, a person may be subjected to severe community service penalties, in addition to the penalties listed above and a longer jail sentence.
Immigration Bail Bonds
If your friend or loved one has been arrested and detained for
immigration reasons, you must get an immigration bond to release the
person from custody until his or her court appearance. Immigration bonds are only available to detainees if they meet certain qualifications, which we'll explain later.
U.S. Immigration and Customs Enforcement (ICE) is the government organization that arrests and detains foreign nationals. ICE has the authority to release the person based on personal recognizance, in which case you won't need to pay for a bond. But when either ICE or an immigration judge sets a bond amount, it's time to explore your options.
U.S. Immigration and Customs Enforcement (ICE) is the government organization that arrests and detains foreign nationals. ICE has the authority to release the person based on personal recognizance, in which case you won't need to pay for a bond. But when either ICE or an immigration judge sets a bond amount, it's time to explore your options.
Types of immigration bonds
There are two types of immigration bonds available to illegal aliens in ICE custody (as long as the detainee is not considered a threat to national security or public safety) and we'll explain the purpose of each below.- Delivery bond – An illegal immigrant who has been detained by ICE may be eligible for a delivery bond based on the determination of ICE or an immigration judge. The detainee must receive an arrest warrant and a notice of custody conditions from ICE to be released on a delivery bond. The purpose of the delivery bond is to ensure that the detainee shows up to all immigration hearings. It allows the person to spend time with family, as well as consult with an immigration lawyer leading up to a court hearing.
- Voluntary departure bond – In some cases, detainees are given the option to voluntarily leave the country at their own expense by a specified time period. The departure bond--if paid in full to ICE--is refundable once the person has left the country, but will be forfeited if the person fails to leave.
How much do immigration bonds cost?
Either ICE or an immigration judge will set the bond amount, and the amount will increase or decrease based on several factors, such as the person's immigration status, criminal history, employment situation, and family ties in the United States. The higher the flight risk, the higher the bond amount. The usual minimum amount for a delivery bond is $1,500, and the cost can increase up to $10,000 or more depending on an assessment of the detainee's risk factors. For departure bonds, the minimum amount is typically $500. One important thing to keep in mind is that it sometimes take a year or longer for the government to return the bond money to the person who posted it.How do I get an immigration bond?
There are two ways to pay for an immigration bond:- Surety bond– The detainee's friends or family can work with an immigration bond agent to get a surety bond. The agent will typically charge 15-20% of the total bond amount, and the money or collateral you furnish is non-refundable.
- Cash bond – The detainee's friends or family can pay the full bond amount directly to ICE, and that money will be refunded once the detainee has attended all mandatory hearings in immigration court. The cash bond can be paid by cash, money order, Cashier's check, or U.S. bonds or notes.
How can I find a trusted local immigration bond agent?
AboutBail.com has a nationwide trusted network of local, qualified immigration bond agents. To find someone near you, a quick search on AboutBail.com will provide you with contact information for immigration bond agents near you. Use that information to get in touch with an immigration bond agent to find out more about the firm’s services and costs.
Larceny bail bonds
Larceny:
A Middlesex County Superior Court Jury found a former Newton man guilty last week on breaking and entering, larceny and habitual criminal charges, according to a press release from the Middlesex County District Attorney.
Mark Miller, 51, previously of Newton, was found guilty Thursday on four charges of being a habitual criminal. The guilty finding follows a conviction in December 2011 where Miller was found guilty of breaking and entering in the night time, larceny over $250, larceny in a building, possession of burglarious implements and wanton destruction of property.
According to the press release, Middlesex Superior Court Judge Kathe Tuttman sentenced Miller to 20 years in state prison for the breaking and entering charge. Miller also received state prison sentences for the other charges, which will run concurrent with the breaking and entering sentence.
“This defendant has a substantial criminal record and we are pleased that he has been held accountable for his continued deliberate criminal ways,” Middlesex County District Attorney Gerry Leone said in the press release. “I commend the Wayland Police Department for their great police work which resulted in the defendant’s quick apprehension on the night of the offense and for their resilience in bringing the defendant to justice.”
Miller’s initial charges stem from a March 2004 incident where Miller reportedly stole 27 new golf clubs from the Wayland Country Club Pro Shop. according to the press release, Miller had previously been convicted of breaking and entering offenses in Plymouth, Norfolk, Worcester and Bristol counties and had served state prison sentences for those convictions.
According to the Massachusetts most Wanted website, Miller failed to appear for an April 4, 2004, court date and warrants were issued for his arrest.
Wayland Police Det. Sgt. Jamie Berger said Miller was finally arrested in Seattle on shoplifting charges in 2010. Before Wayland police could obtain a governor’s warrant for Miller’s redition to Massachusetts, Miller returned of his own accord and turned himself into the court, Berger said.
A full press relase from the district attorney’s office is included below:
A man was found guilty today of four counts of being a habitual criminal in connection with convictions on breaking and entering and larceny charges stemming from an incident in which he broke into the Wayland Country Club, Middlesex District Attorney Leone announced today.
Mark Miller, 51, previously of Newton, was found guilty by a Middlesex Superior Court jury today of being a habitual criminal (four counts). These convictions follow his conviction in December of 2011 on charges of breaking and entering in the night time, larceny over $250, larceny in a building, possession of burglarious implements, and wanton destruction of property. Middlesex Superior Court Judge Kathe Tuttman sentenced the defendant to twenty years in State Prison on the breaking and entering charge with additional state prison sentences for the maximum statutory terms, to run concurrent, on the remaining charges.
“This defendant has a substantial criminal record and we are pleased that he has been held accountable for his continued deliberate criminal ways,” District Attorney Leone said. “I commend the Wayland Police Department for their great police work which resulted in the defendant’s quick apprehension on the night of the offense and for their resilience in bringing the defendant to justice.”
According to authorities, on Saturday, March 6, 2004 at approximately 9:30pm, Wayland Police received an alert for an alarm triggered at the Wayland Country Club Pro Shop. Officers were dispatched and, upon arrival, observed evidence that a break-in had occurred at the shop. upon a search of the surrounding area, one of the officers encountered a redToyota, which was attempting to exit a parking area adjacent to the Country Club property.
The officer ordered the driver and sole occupant of the vehicle, the defendant, out of the car and ultimately placed him under arrest. In the vehicle’s trunk, a black duffle bag containing 27 new golf clubs which were missing from the pro shop was discovered, along with a pry bar, a ski mask and gloves.
The defendant had previously been convicted of multiple breaking and entering offenses committed in Plymouth, Norfolk, Worcester and Bristol counties in the 1990’s and had received multiple committed state prison sentences ranging from 3-4 years to 6-10 years.
The prosecutor assigned to this case is Joe Gentile. The paralegal is Nicole Scotti. this case was investigated by Wayland Police and members of the Middlesex District Attorney’s Office.
Noun
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Synonyms
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A Middlesex County Superior Court Jury found a former Newton man guilty last week on breaking and entering, larceny and habitual criminal charges, according to a press release from the Middlesex County District Attorney.
Mark Miller, 51, previously of Newton, was found guilty Thursday on four charges of being a habitual criminal. The guilty finding follows a conviction in December 2011 where Miller was found guilty of breaking and entering in the night time, larceny over $250, larceny in a building, possession of burglarious implements and wanton destruction of property.
According to the press release, Middlesex Superior Court Judge Kathe Tuttman sentenced Miller to 20 years in state prison for the breaking and entering charge. Miller also received state prison sentences for the other charges, which will run concurrent with the breaking and entering sentence.
“This defendant has a substantial criminal record and we are pleased that he has been held accountable for his continued deliberate criminal ways,” Middlesex County District Attorney Gerry Leone said in the press release. “I commend the Wayland Police Department for their great police work which resulted in the defendant’s quick apprehension on the night of the offense and for their resilience in bringing the defendant to justice.”
Miller’s initial charges stem from a March 2004 incident where Miller reportedly stole 27 new golf clubs from the Wayland Country Club Pro Shop. according to the press release, Miller had previously been convicted of breaking and entering offenses in Plymouth, Norfolk, Worcester and Bristol counties and had served state prison sentences for those convictions.
According to the Massachusetts most Wanted website, Miller failed to appear for an April 4, 2004, court date and warrants were issued for his arrest.
Wayland Police Det. Sgt. Jamie Berger said Miller was finally arrested in Seattle on shoplifting charges in 2010. Before Wayland police could obtain a governor’s warrant for Miller’s redition to Massachusetts, Miller returned of his own accord and turned himself into the court, Berger said.
A full press relase from the district attorney’s office is included below:
A man was found guilty today of four counts of being a habitual criminal in connection with convictions on breaking and entering and larceny charges stemming from an incident in which he broke into the Wayland Country Club, Middlesex District Attorney Leone announced today.
Mark Miller, 51, previously of Newton, was found guilty by a Middlesex Superior Court jury today of being a habitual criminal (four counts). These convictions follow his conviction in December of 2011 on charges of breaking and entering in the night time, larceny over $250, larceny in a building, possession of burglarious implements, and wanton destruction of property. Middlesex Superior Court Judge Kathe Tuttman sentenced the defendant to twenty years in State Prison on the breaking and entering charge with additional state prison sentences for the maximum statutory terms, to run concurrent, on the remaining charges.
“This defendant has a substantial criminal record and we are pleased that he has been held accountable for his continued deliberate criminal ways,” District Attorney Leone said. “I commend the Wayland Police Department for their great police work which resulted in the defendant’s quick apprehension on the night of the offense and for their resilience in bringing the defendant to justice.”
According to authorities, on Saturday, March 6, 2004 at approximately 9:30pm, Wayland Police received an alert for an alarm triggered at the Wayland Country Club Pro Shop. Officers were dispatched and, upon arrival, observed evidence that a break-in had occurred at the shop. upon a search of the surrounding area, one of the officers encountered a redToyota, which was attempting to exit a parking area adjacent to the Country Club property.
The officer ordered the driver and sole occupant of the vehicle, the defendant, out of the car and ultimately placed him under arrest. In the vehicle’s trunk, a black duffle bag containing 27 new golf clubs which were missing from the pro shop was discovered, along with a pry bar, a ski mask and gloves.
The defendant had previously been convicted of multiple breaking and entering offenses committed in Plymouth, Norfolk, Worcester and Bristol counties in the 1990’s and had received multiple committed state prison sentences ranging from 3-4 years to 6-10 years.
The prosecutor assigned to this case is Joe Gentile. The paralegal is Nicole Scotti. this case was investigated by Wayland Police and members of the Middlesex District Attorney’s Office.
Felonies Bail Bonds
What is a Felony?
Examples of Felony Crimes
Felony crimes include violent, property, drug and weapon offenses:- Common types of violent felonies include murder, manslaughter, rape, sexual assault, robbery and aggravated assault.
- Common types of property felonies include burglary, larceny, fraud and forgery.
- Common types of drug and weapon felonies include possession and trafficking.
Felony Classification
Felonies are usually classified according to a letter grade – such as Class A, B, C, D, E, F or G felonies. The lower grade felonies are not as serious as the higher grade felonies, and the higher grade felonies carry the highest and harshest sentencing guidelines. For example, in the state of Oregon the unlawful possession of a schedule II drug is a Class C felony – punishable by up to 5 years in prison and a $100,000 dollar fine – but the unlawful possession of a schedule I drug is a Class B felony – punishable by up to 10 years in prison and a $100,000 dollar fine.Felony Arrest, Sentencing and Restitution
Once a person has been arrested for a felony offense, they are charged with a crime and issued a bail hearing. At the bail hearing the amount of bail is set, or the judge may refuse to issue bail if the defendant has been charged with a particularly severe crime or if the defendant is deemed a high flight risk; the judge will also issue a court date when the defendant will be tried and, if found guilty, sentenced for the crime. In instances of violent or property felonies, the defendants may be ordered to pay restitution to their victims in addition to serving a sentence at a state or federal prison if they are found guilty at their felony trial.*The information in this article does not constitute legal advice. Please contact a legal professional in your local area for the best up-to-date and accurate legal advice.
Wednesday, December 5, 2012
DUI
DUI is one of the most common reasons for arrest. People who find themselves in the position of having been arrested for driving under the influence, are not who people would first think of when the word criminal comes to mind. Unfortunately, even on a first offense, when someone is pulled over for DUI, they will go to jail.
For DUI suspects placed in jail, their first priority is usually getting out. Rapid Release Bail Bonds has bail bondmen available 24 hours a day to assist you in getting your friend or loved one released in the shortest possible time. We know that these times are very stressful.
Usually, for a first time drunk driving offense, a bail bondsman will not be necessary. The jail will usually hold the arestee for about 8 hours and then release them on their Own Recognizance (O.R.) or on citation (cite out). However, a bail bond may become necessary if any of the following have occured:
The bail amount can be increased from the indicated amount in the bail schedule based on the severity of the incident. However, bail amount range can be from $15,000 for a basic DUI to $100,000 for felony DUI. Other circumstances may also substantially increase the bail amount as well.
DUI is also known as DWI, "driving under the influence", "driving while intoxicated", "wet and reckless" or "502". There was a time when drinking and driving was penalized with a nominal fine. Now, a DUI charge is much more serious. Laws punish offenders for operating a motor vehicle while under the influence of alcohol and/or other drugs. Implementing tougher DUI laws has contributed significantly to decreases in drinking and driving crashes. It has also increased the number of arrestees.
For DUI suspects placed in jail, their first priority is usually getting out. Rapid Release Bail Bonds has bail bondmen available 24 hours a day to assist you in getting your friend or loved one released in the shortest possible time. We know that these times are very stressful.
Usually, for a first time drunk driving offense, a bail bondsman will not be necessary. The jail will usually hold the arestee for about 8 hours and then release them on their Own Recognizance (O.R.) or on citation (cite out). However, a bail bond may become necessary if any of the following have occured:
- Prior DUI arrests or prior citations relating to drunk driving.
- An accident occured (even if you were the only one involved)
- The driver is under 21 years old.
- There was a minor passenger in the car.
The bail amount can be increased from the indicated amount in the bail schedule based on the severity of the incident. However, bail amount range can be from $15,000 for a basic DUI to $100,000 for felony DUI. Other circumstances may also substantially increase the bail amount as well.
DUI is also known as DWI, "driving under the influence", "driving while intoxicated", "wet and reckless" or "502". There was a time when drinking and driving was penalized with a nominal fine. Now, a DUI charge is much more serious. Laws punish offenders for operating a motor vehicle while under the influence of alcohol and/or other drugs. Implementing tougher DUI laws has contributed significantly to decreases in drinking and driving crashes. It has also increased the number of arrestees.
Domestic Violence Bail Bonds
Prior to 1984, most police could not legally make a warrantless
arrest unless a misdemeanor occurred in the officer's presence, or the
officer had probable cause to believe that a felony had taken place.
Since most domestic violence cases involve simple assault and battery—a
misdemeanor—the police could not make an arrest at the scene. Advising
the husband or boyfriend to "take a walk around the block" was often the
extent of police intervention.
In 1984, the U.S. Attorney General recommended arrest as the standard police response to domestic violence. This recommendation resulted from a landmark Minneapolis controlled experimental study that compared the deterrent effects of arresting the suspect, mediating the dispute, and requiring the batterer to leave the house for eight hours. The study found that arrest more effectively deterred subsequent violence than did the other courses of action. The results were widely publicized.
That same year, Tracy Thurman received a $1.9 million settlement from the Torrington, Connecticut, Police Department for its policy of nonintervention and nonarrest in domestic violence cases. After the Thurman case, police departments concerned about similar lawsuits began to rethink their policies. All fifty states now provide for warrantless arrests in domestic violence cases.
Since arrest statutes have been broadened, many jurisdictions have adopted mandatory or pro-arrest policies. Under these policies, an arrest is either required or preferred if the police officer has probable cause to believe that a domestic battery has taken place, regardless of the victim's wishes. These policies have received mixed reviews. Some advocates maintain that mandatory arrest not only substantially reduces domestic assaults and murders, especially when prosecution follows, but also provides police officers with clear guidelines on how to proceed, correcting the "take a walk around the block" mentality.
Opponents argue that when officers are either unable or unwilling to discern who was the initial aggressor, mandatory arrest policies can result in both parties being arrested. Thus, these pro-arrest policies have the unintended consequence of penalizing rather than protecting victims. Others argue that police ought to have more discretion to handle domestic violence situations on a case-by-case basis.
Does arrest work? The research is inconclusive. For example, when the Minneapolis study was replicated in other jurisdictions, the results differed significantly. Specifically, arrest consistently deterred employed batterers, but increased repeat violence among unemployed batterers. Yet, these findings were largely ignored. Furthermore, between 1992 and 1996, while the police responded to 90 percent of calls for assistance, in only 20 percent of the cases was the alleged abuser arrested immediately. These findings raise questions as to how effective arrest policies have been in reducing recidivism or changing police practices.
Common California Penal Codes Defined:
PC 273.5 (a) - Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
PC 243 (e)(1) - When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
In 1984, the U.S. Attorney General recommended arrest as the standard police response to domestic violence. This recommendation resulted from a landmark Minneapolis controlled experimental study that compared the deterrent effects of arresting the suspect, mediating the dispute, and requiring the batterer to leave the house for eight hours. The study found that arrest more effectively deterred subsequent violence than did the other courses of action. The results were widely publicized.
That same year, Tracy Thurman received a $1.9 million settlement from the Torrington, Connecticut, Police Department for its policy of nonintervention and nonarrest in domestic violence cases. After the Thurman case, police departments concerned about similar lawsuits began to rethink their policies. All fifty states now provide for warrantless arrests in domestic violence cases.
Since arrest statutes have been broadened, many jurisdictions have adopted mandatory or pro-arrest policies. Under these policies, an arrest is either required or preferred if the police officer has probable cause to believe that a domestic battery has taken place, regardless of the victim's wishes. These policies have received mixed reviews. Some advocates maintain that mandatory arrest not only substantially reduces domestic assaults and murders, especially when prosecution follows, but also provides police officers with clear guidelines on how to proceed, correcting the "take a walk around the block" mentality.
Opponents argue that when officers are either unable or unwilling to discern who was the initial aggressor, mandatory arrest policies can result in both parties being arrested. Thus, these pro-arrest policies have the unintended consequence of penalizing rather than protecting victims. Others argue that police ought to have more discretion to handle domestic violence situations on a case-by-case basis.
Does arrest work? The research is inconclusive. For example, when the Minneapolis study was replicated in other jurisdictions, the results differed significantly. Specifically, arrest consistently deterred employed batterers, but increased repeat violence among unemployed batterers. Yet, these findings were largely ignored. Furthermore, between 1992 and 1996, while the police responded to 90 percent of calls for assistance, in only 20 percent of the cases was the alleged abuser arrested immediately. These findings raise questions as to how effective arrest policies have been in reducing recidivism or changing police practices.
Common California Penal Codes Defined:
PC 273.5 (a) - Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
PC 243 (e)(1) - When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
Criminal Threats Bail Bonds
Penal codes associated with Criminal Threats
PC 422. Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. For the purposes of this section, “immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
PC 422.1. Every person who is convicted of a felony violation of Section 148.1 or 11418.1, under circumstances in which the defendant knew the underlying report was false, in addition to being ordered to comply with all other applicable restitution requirements and fine and fee provisions, shall also be ordered to pay full restitution to each of the following: (a) Any person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity for any personnel, equipment, material, or clean up costs, and for any property damage, caused by the violation directly, or stemming from any emergency response to the violation or its aftermath. (b) Any public or private entity incurring any costs for actual emergency response, for all costs of that response and for any clean up costs, including any overtime paid to uninvolved personnel made necessary by the allocation of resources to the emergency response and clean up. (c) Restitution for the costs of response by a government entity under this section shall be determined in a hearing separate from the determination of guilt. The court shall order restitution in an amount no greater than the reasonable costs of the response. The burden shall be on the people to prove the reasonable costs of the response. (d) In determining the restitution for the costs of response by a government entity, the court shall consider the amount of restitution to be paid to the direct victim, as defined in subdivision (k) of Section 1202.4
PC 422. Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. For the purposes of this section, “immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
PC 422.1. Every person who is convicted of a felony violation of Section 148.1 or 11418.1, under circumstances in which the defendant knew the underlying report was false, in addition to being ordered to comply with all other applicable restitution requirements and fine and fee provisions, shall also be ordered to pay full restitution to each of the following: (a) Any person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity for any personnel, equipment, material, or clean up costs, and for any property damage, caused by the violation directly, or stemming from any emergency response to the violation or its aftermath. (b) Any public or private entity incurring any costs for actual emergency response, for all costs of that response and for any clean up costs, including any overtime paid to uninvolved personnel made necessary by the allocation of resources to the emergency response and clean up. (c) Restitution for the costs of response by a government entity under this section shall be determined in a hearing separate from the determination of guilt. The court shall order restitution in an amount no greater than the reasonable costs of the response. The burden shall be on the people to prove the reasonable costs of the response. (d) In determining the restitution for the costs of response by a government entity, the court shall consider the amount of restitution to be paid to the direct victim, as defined in subdivision (k) of Section 1202.4
Burglary Bail Bonds
Penal codes associated with Burglary and Theft
PC 211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. 212. The fear mentioned in Section 211 may be either: 1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, 2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
PC 212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree. (b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree. (c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.
PC 213. (a) Robbery is punishable as follows: (1) Robbery of the first degree is punishable as follows: (A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years. (B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years. (2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years. (b) Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.
PC 214. Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony.
PC 211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. 212. The fear mentioned in Section 211 may be either: 1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, 2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
PC 212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree. (b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree. (c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.
PC 213. (a) Robbery is punishable as follows: (1) Robbery of the first degree is punishable as follows: (A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years. (B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years. (2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years. (b) Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.
PC 214. Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony.
Assault and Battery Bail Bonds
If you have a loved one arrest for assault or battery, please contact
one of our bail agents as soon as possible. Our bail bondsman can
provide you with Confidential assistance and can have your
loved one released from jail within hours.
In late 2004, Cameron Diaz and her pop-star boyfriend, Justin Timber-lake, were walking out of a Sunset Strip nightclub when they encountered a paparazzi photographer. Diaz, the Charlies Angels star, hit the photographer in the neck, tripped him over, and stole his camera. Timber-lake, looking at the photographer bleeding on the ground, yelled, What are you gonna do, man?
The crimes of assault and battery have been permeating American mass media for decades. Recently, Oscar winning actor Russell Crowe threw his cell phone at a hotel clerk and could face up to eight years in jail. Even decades ago, celebrity sex symbol Zsa Zsa Gabor made headlines when she slapped a police officer whom had just pulled her over. From nightly reports of gang violence to full coverage of celebrity trials, assault and battery are, unfortunately, a significant part of American society. Most recall the now infamous National Basketball Association brawl between the Indiana Pacers and Detroit Pistons fans in November of 2004. As a result of the melee, in which Pacer players charged Piston fans in the stands and on the court, five Pacers were charged with misdemeanor assault and battery.
At its most simple level, an assault is merely an attempted battery; and, although it is more complex, a battery can generally be described as a successful and completed assault. For example, when Russell Crowe threw his phone at the hotel clerk, it became an assault upon the action of throwing. Since the hotel clerk was subsequently hit with the phone, the battery became complete because contact resulted. Therefore, an assault can be committed without a battery, but the reciprocal is not true: a battery cannot be committed without an assault.
Though most celebrities generally plea-bargain their way out of any jail-time, a simple battery and simple assault are both misdemeanors, punishable by a $1,000 or $2,000 fine and imprisonment in county jail for up to six months. There are different levels of punishment: whereas a common incident involving an injured photographer is the lowest levelAn assault by any means of force likely to produce great bodily injury is a felony punishable by up to four years imprisonment and up to a $10,000 fine. Cal. Pen. Code 245(a) (2005). Like simple assaults, a felony assault may be committed without any resulting physical injury. The main issue is whether the force used was likely to produce great bodily harm, and not whether great bodily harm was produced.
A battery is a felony when the victim sustains serious bodily injury, and punishment is imprisonment for up to four years. Cal. Pen. Code 243(d) (2005). The legislature has defined serious bodily injury to include loss of consciousness, concussion, bone fracture, loss of function of an organ, disfigurement, and any wound requiring suturing.
Modern statutes have created felonies for aggravated assault and aggravated battery which carry more severe penalties. An aggravating circumstance is usually when there is serious or grave intent or when the defendant is using extraordinarily dangerous means. The most common form of aggravating circumstance is an assault with a deadly weapon. Committing an assault with a deadly weapon, defined as an instrument likely to produce death or great bodily injury, results in felony assault. Cal. Pen. Code 245 (2005). Additionally, there are several other statutes designed to enhance the punishment for assault and battery if the offense is committed against particular people. For example, committing an assault with a deadly weapon against a police officer can increase the sentence for up to ten years.
Because every completed battery includes assault, a defendant committing a battery usually cannot be separately convicted for an assault. However, when the degrees of the assault and battery differ, there can be two separate convictions for assault and battery.
For example, while it may seem that felony battery and felony aggravated assault are interrelated, a felony of aggravated assault focuses on the amount of force used, and a felony battery focuses on the actual injury inflicted. In 1984, juvenile Ronnie N. shot a pedestrian in the mouth with a B.B. gun and was charged with both felony aggravated assault and felony battery. In re Ronnie N., 174 Cal. App. 3d, 731 (1985). In considering whether he could be convicted of both, the court reasoned that the force causing serious bodily injury does not necessarily have to be deadly force. The court illustrated that the act of someone pushing another, resulting in serious bodily injury, may not have the required deadly force to result in an aggravated assault. Therefore, the aggravated assault is not included in a felony battery and the two offenses could be tried separately.
At its most basic level, an assault is an act intending to cause physical injury. When the act is completed and contact results, the assault then becomes a battery. An assault can occur without a battery if no physical contact occurs, but a battery automatically includes an assault. As we have seen however, there are many varying degrees of assault and battery; and a defendant can be convicted of both separately.
In late 2004, Cameron Diaz and her pop-star boyfriend, Justin Timber-lake, were walking out of a Sunset Strip nightclub when they encountered a paparazzi photographer. Diaz, the Charlies Angels star, hit the photographer in the neck, tripped him over, and stole his camera. Timber-lake, looking at the photographer bleeding on the ground, yelled, What are you gonna do, man?
The crimes of assault and battery have been permeating American mass media for decades. Recently, Oscar winning actor Russell Crowe threw his cell phone at a hotel clerk and could face up to eight years in jail. Even decades ago, celebrity sex symbol Zsa Zsa Gabor made headlines when she slapped a police officer whom had just pulled her over. From nightly reports of gang violence to full coverage of celebrity trials, assault and battery are, unfortunately, a significant part of American society. Most recall the now infamous National Basketball Association brawl between the Indiana Pacers and Detroit Pistons fans in November of 2004. As a result of the melee, in which Pacer players charged Piston fans in the stands and on the court, five Pacers were charged with misdemeanor assault and battery.
At its most simple level, an assault is merely an attempted battery; and, although it is more complex, a battery can generally be described as a successful and completed assault. For example, when Russell Crowe threw his phone at the hotel clerk, it became an assault upon the action of throwing. Since the hotel clerk was subsequently hit with the phone, the battery became complete because contact resulted. Therefore, an assault can be committed without a battery, but the reciprocal is not true: a battery cannot be committed without an assault.
Though most celebrities generally plea-bargain their way out of any jail-time, a simple battery and simple assault are both misdemeanors, punishable by a $1,000 or $2,000 fine and imprisonment in county jail for up to six months. There are different levels of punishment: whereas a common incident involving an injured photographer is the lowest levelAn assault by any means of force likely to produce great bodily injury is a felony punishable by up to four years imprisonment and up to a $10,000 fine. Cal. Pen. Code 245(a) (2005). Like simple assaults, a felony assault may be committed without any resulting physical injury. The main issue is whether the force used was likely to produce great bodily harm, and not whether great bodily harm was produced.
A battery is a felony when the victim sustains serious bodily injury, and punishment is imprisonment for up to four years. Cal. Pen. Code 243(d) (2005). The legislature has defined serious bodily injury to include loss of consciousness, concussion, bone fracture, loss of function of an organ, disfigurement, and any wound requiring suturing.
Modern statutes have created felonies for aggravated assault and aggravated battery which carry more severe penalties. An aggravating circumstance is usually when there is serious or grave intent or when the defendant is using extraordinarily dangerous means. The most common form of aggravating circumstance is an assault with a deadly weapon. Committing an assault with a deadly weapon, defined as an instrument likely to produce death or great bodily injury, results in felony assault. Cal. Pen. Code 245 (2005). Additionally, there are several other statutes designed to enhance the punishment for assault and battery if the offense is committed against particular people. For example, committing an assault with a deadly weapon against a police officer can increase the sentence for up to ten years.
Because every completed battery includes assault, a defendant committing a battery usually cannot be separately convicted for an assault. However, when the degrees of the assault and battery differ, there can be two separate convictions for assault and battery.
For example, while it may seem that felony battery and felony aggravated assault are interrelated, a felony of aggravated assault focuses on the amount of force used, and a felony battery focuses on the actual injury inflicted. In 1984, juvenile Ronnie N. shot a pedestrian in the mouth with a B.B. gun and was charged with both felony aggravated assault and felony battery. In re Ronnie N., 174 Cal. App. 3d, 731 (1985). In considering whether he could be convicted of both, the court reasoned that the force causing serious bodily injury does not necessarily have to be deadly force. The court illustrated that the act of someone pushing another, resulting in serious bodily injury, may not have the required deadly force to result in an aggravated assault. Therefore, the aggravated assault is not included in a felony battery and the two offenses could be tried separately.
At its most basic level, an assault is an act intending to cause physical injury. When the act is completed and contact results, the assault then becomes a battery. An assault can occur without a battery if no physical contact occurs, but a battery automatically includes an assault. As we have seen however, there are many varying degrees of assault and battery; and a defendant can be convicted of both separately.
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