Assault in San Francisco Excelsior Neighborhood (CA Penal Code §240)

Last Modified: February 20, 2024
June 24, 2013 | Rabin Nabizadeh | Battery, Robbery, Theft

It could have happened to anyone.  The weekend arrives and you decide to go out for a quiet beer with some friends.  What you don’t expect is to be accosted for refusing to give someone a sip of that hard-earned beverage.  Yet, this is exactly what happened in San Francisco Excelsior neighborhood this past weekend.  A man, was standing outside of a local watering hole when he was approached by another individual, who wanted a taste.  When the beer-drinker refused, the stranger took the bottle from him, hit him over the head, and stole his cell phone.  The assailant may have been a bit inebriated, but what he did constitutes assault under California law.

CA Penal Code §240 covers assault and the exposure for this crime ranges anywhere from 6 months in county jail, community service, and a $1,000 fine up to 4 years in state prison, a $10,000 fine, and anger management classes.  This is because assault is a “wobbler,” which means that it can be considered a felony or a misdemeanor, depending on the circumstances.  The man who smashed a beer bottle over a stranger’s head may eventually be arrested for “battery” because he did more than simply threaten the beer-sipping stranger – he actually hit him with a bottle.  He could also be charged with robbery. Whether a beer bottle is considered a “deadly weapon” will be something for the courts to consider if this case ever goes to trial.

latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]