A 37-year-old man was recently arrested on charges of misdemeanor battery after having thrown a cup of hot coffee at some clerks at a San Leandro 7-Eleven store. The two clerks accosted the unnamed man as he stood outside of the convenience store allegedly panhandling. When he was asked to stop, the man threw his cup of hot coffee in the face of one of the clerks and supposedly punched the other clerk in the chest. Interestingly, police originally wished to charge the man with felony assault with a deadly weapon, the coffee. Evidently, however, coffee even when hot cannot be considered a deadly weapon.
The crime of ‘battery’ is defined in a very specific way by California law (CA Penal Code 242). Any time that one individual intentionally uses force or violence against another person, this is considered ‘battery.’ Touching another person in an invasive way, even if there is no physical harm done, may still constitute battery. When someone speaks of ‘simple’ battery, they are referring to misdemeanor battery charges, not to assault. Normally, penalties for simple battery include a 6-month stint in county jail and a $2,000 fine. Had the local law enforcement agents involved in the 7-Eleven coffee throwing case decided that coffee is a deadly weapon, then the man would have been subject to much higher fines and incarceration terms. Assault with a deadly weapon is a ‘wobbler’ in California (prosecutors determine whether they will treat a particular case as a misdemeanor or as a felony).
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 […]
Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]
Being charged with a DUI in California is a serious matter. If you get convicted of a DUI, you spend time in jail, have your license suspended or revoked, and face significant fines and other penalties. A DUI conviction will also appear on your records, which might make it hard for you to secure housing […]