Assault and Battery Charges Dropped in San Francisco Champagne-Bottle Attack (CA Penal Code 242)

Rabin Nabizadeh
August 22, 2013

When 52-year-old (name withheld for privacy) set off to attend his company’s (AKQA) “team-building” social, he never imagined that he would later be arrested for assault.  He was participating in some office-sanctioned merriment with other co-workers, when one of them wanted to listen to dub-step.  The co-worker (an unidentified 30-year-old man) was evidently not a fan of Michael Jackson because as he began to play the song on the office computer system, the co-worker changed the song.  The co-worker, reportedly intoxicated at the time of the incident also has a history of public intoxication and acting violently.  Once, for example, he’d hit a man’s head against the wall at a urinal and poked a finger in someone else’s eye during the same incident.  He had also previously attacked the him in another incident at a local bar.

So, when the much-disliked co-worker tried to take control of the music at the team-building event, he decided to act in what he considered to be self-defense and to hit the co-worker over the head with a champagne bottle as he was rushed.  A jury agreed with his actions and found him not guilty of assault and battery charges (CA Penal Code 242) and could have been sentenced to up to 5 years in prison if he’d been found guilty instead.

 

latest news

October 5, 2022
9 Steps in a Criminal Defense Case

If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]

October 5, 2022
How Much Is a DUI in California?

A little night out with your friends is fine. A little sip of party bourbon won’t cause anyone any trouble. However, when all that little moments of sipping drinks add up, it could end up in a disaster. Dealing with a DUI conviction is not easy, and it could even cost you thousands of penalty […]

October 4, 2022
When Is It Considered Domestic Violence

Domestic violence is the attempt to gain power over and control another human within the household through a wide range of abusive behavior. Domestic violence can happen to anyone, regardless of race, sex, sexual orientation, class, education, etc. It often involves physical abuse, and other types of abuse as well. Abusive relationships are too common, […]