Assault Charges California - Orange County D.A. charges were dropped against Grant Robicheaux and Cerissa Riley, who were accused of sexually assaulting multiple women.
Orange County district attorneys have announced plans to drop all charges against orthopedic surgeons Grant Robicheaux and Cerissa Riley, the couple accused in 2018 of drugging and sexually assaulting multiple women, the Los Angeles Times reports. Orange County District Attorney Todd Spitzer announced the news on Tuesday, stating that after a three-month review of the case, they found insufficient evidence of any abuse by the couple.
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The new review of the D.A. contradicting initial findings cited by then-Orange County District Attorney Tony Rackauckas, who said the investigation into the two began in 2016 after a woman said she attended a party with Robicheaux and Riley and claimed they brought her back. to their apartment and on to drug and rape her.
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Six months later, the second victim claimed she had been drinking with the couple at a bar and, when she was drunk, later went to the couple's flat where they alleged she was sexually assaulted. A subsequent raid on the couple's apartment in January 2018 reportedly turned up thousands of videos of women recorded by the couple, many of them showing sexual acts.
However, a prosecutor from Spitzer's office found that there were "some evidentiary issues" in the case, and in October 2019 Spitzer appointed two assistant district attorneys to further examine the evidence. The review team poured over thousands of videos, photos and documents, as well as thousands of text messages and hundreds of hours of audio recordings between the couple over a four-year period.
"There is not one piece of evidence or video or photo that shows a sexual assault on an unconscious or disabled woman," Spitzer said. "Not only."
Spitzer defeated Rackauckas in the November 2018 election for Orange County District Attorney. On Tuesday, Spitzer alleged that Rackauckas and his staff "fabricated the details of the case and repeatedly misrepresented evidence to garner headlines and further Rackauckas' election campaign."
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Spitzer also said prosecutors would ask the court to dismiss the charges against Robicheaux and Riley this week.
"I didn't create this situation, but it's my responsibility to solve it," Spitzer said. "Doing justice isn't always pretty, and it's not pretty often. This isn't pretty at all, but these are important decisions that affect people's lives."
Carmen Electra shows off her acrobatic skills in a brown lingerie set that leaves little to the imagination. Penal Code § 240 PC defines the crime of assault as "an unlawful attempt, accompanied by an immediate ability, to cause violent injury to the person of another." Simple assault is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00.
Although people often use the phrase "assault and battery", assault and battery (as defined in Penal Code 242 PC) are two separate crimes. The battery consists of a boiler
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Use unlawful force or violence against another person (other than attempting to do so).
Penalties for assault in California in most cases include a fine of up to one thousand dollars ($1,000) and/or up to six (6) months in county jail.
You can be charged – and convicted – of assault in California even if your behavior didn't hurt anyone. As a result, far too many people with no criminal history, and who did not think they were doing anything against the law, are facing PC 240 charges.
A California criminal defense attorney can help. There are some powerful legal defenses you can use to fight these charges. These include:
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To help you better understand California assault laws, our criminal defense attorneys discuss the following below:
If, after reading this article, you would like more information, we invite you to contact us at Shhouse Law Group.
Assault is an unlawful attempt, accompanied by an immediate ability, to cause violent injury to another person.
The "elements" of the crime of assault - that is, the things the prosecutor must prove in order for you to plead guilty to this crime - are:
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Let's dig a little deeper into these aspects of the crime of assault to better understand what they mean.
Harmful or aggressive contact. The least contact will count if it is done in a rude or offensive manner.
Assault in California can occur even if the touching did not cause or could cause any kind of injury. It doesn't have to be direct either - it can be done indirectly by touching something to the "victim".
Example: Scott gets into an argument with a store clerk who falsely accused him of shoplifting. Scott loses his temper and throws the clerk in the face. There was no way he was going to hurt the clerk spitting in his face - but this could still count as assault under California law.
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Use violence against the other person. All you have to do is take some action that is likely to result in violence.
Example: Let's return to Scott's example above. Let's say he's far away from the clerk when he throws her, and his saliva doesn't land on her. However, since he was likely to do so, he could still be guilty of assault.
You act "intentionally" when you do something voluntarily or purposefully. You don't have to think
Example: Ricardo wants to join a fraternity at his college. As part of the initiation process, he is asked to confront, punish, and tick off Professor Blume, a minor professor. Ricardo does this one day while Professor Blume is lecturing in class. But to Ricardo's surprise, one of the students in the class calls the campus police. They contact the local police and Ricardo is arrested for assault. Ricardo had no intention of harming Professor Blume or breaking the law. However, since the tickling can be considered "offensive contact", and he tickled Professor Blume for that purpose - he can still be charged with assault PC 240.
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It must be emphasized again that you do not have to have intended to use violence against the "victim" in order for California's assault laws to apply. You just need to be aware that there was a good chance that coercion would be applied as a result of your actions.
Example: Greg and Keith are competing for the same woman. One night, Greg and his teenage son drove to Keith's house. Keith comes out with a loaded gun and tells Greg to leave. Keith then fires his gun at the right rear fender of Greg's truck, while Greg stands by the driver's side door on the other side of the truck. Greg's son gets into the car on the passenger side (right) as Keith shoots. Keith didn't mean to hurt Greg or his son - he just wanted to scare them. But because he knew they were near the truck, and therefore there was a good chance that one of them would be injured by the gun, he is guilty of assault (actually Penal Code 245(a)(1) ). assault with a deadly weapon).13 1.1. What is the difference between assault and battery?
The difference between assault and battery is confusing to many people, especially since we often use the phrase "assault and battery" to imply that they are the same thing.
"The simplest way to explain the difference between assault and battery is this: an assault does not have to involve a person
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, although battery does. Put another way, assault is like "attempted battery," and battery is like "completed assault."
Specifically, you run an increased risk of punishment if you attack someone in the line of duty as one
If the assault victim falls into one of these categories – and you knew or reasonably should have known that they did – the maximum county jail sentence is increased to one (1) year; and the maximum fine is increased to two thousand dollars ($2,000).
The maximum fine for assault is also increased to two thousand dollars ($2000) if the victim is a parking enforcement officer in the line of duty - for obvious reasons, a common target of assault!
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No one wants to go to jail or pay a fine - and no one wants an "assault" conviction on their record. That word can make people think you are a violent person, when you could be convicted of assault for behavior that has little to do with violence.
To defeat assault charges in California, you and your defense attorney may be able to use some or all of the following legal defenses:
One of the elements of California assault is that the defendant must be able to do violence to the "victim." If he/she did not have that ability, he/she is not guilty of assault.
Example: Chris and Ryan fight at a bar. Their friends immediately step in and separate them, pulling them to separate sides of the room. From his point of view
California Penal Code 240 & 242 Assault Law
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