In California, assault with a deadly weapon (CA Penal Code 245(a)(1)) is a ‘wobbler;’ it is at the discretion of the prosecutor whether or not to consider the charge a misdemeanor or a felony. Some considerations include the nature of the injury to the supposed victim and whether the person claiming assault was a ‘protected’ person, such as a police officer or a firefighter. This determination is also normally made, in part, according to the type of weapon used in the alleged assault. What happens when the ‘deadly weapon’ used is not a knife or gun, but a vehicle?
This is just the kind of question that 56-year-old (name withheld for privacy) must be asking himself after having been arrested on this particular charge while he is waiting for his $50,000 in bail to be posted. Apparently, he was in the process of backing out of a parking space on Valencia Street when he discovered that two bicyclists were in his path. The two cyclists became angry with him and entered into a verbal altercation with him, after which he purportedly hit one of the cyclists with his car, knocking him down and into a nearby street curb. Afterward, he drove off, only to be pursued by both cyclists, neither of whom were harmed, and an off-duty police officer that eventually made the arrest. Law enforcement officials are calling it a case of ‘road rage,’ but he may be facing up to 4 years in state prison, court-ordered victim restitution, and a maximum $10,000 fine.
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 […]
Facing a DUI charge can be a burdensome experience and frightening. You might feel like there’s no way to defend yourself, but that’s not true. There are several effective defenses that skilled DUI lawyers use to protect their clients. Understanding these defenses can be crucial in fighting a DUI charge. DUI defenses vary depending on […]
Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]