Orange Couny Register reports that on July 14, 2009, at approximately 2:00am, while walking home the victim noticed 3 unknown persons tagging a wall. The victim shouted to the perpetrators to stop and was subsequently followed by all 5 unknown persons to the southwest corner of McFadden Avenue and Maple Street where he was allegedly surrounded by the 5 individuals and beaten and stabbed. Brothers, Alejandro Duran and Nicolas Duran admitted they were involved in the assault and stabbed the victim twice in the abdomen. A third suspect; a juvenile, Manola Mauricio, stated he was present during the assault and given credit for serving over 200 days in custody; plus three years probation.
As stated in California Penal Code Section 245 (a) (1): Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. The actions of the Duran brothers fall under this particular code due to the fact that during the beating or assault upon the victim, defendants used a deadly weapon and in this case it was a knife. Nicolas Duran already had two previous violent felonies on record against him. This could very well mean he may face his third strike. If you or someone you know has been charged with assault and battery either misdemeanor or felony charges, you need to seek the legal console of an experienced Orange County criminal defense attorney or Southern California Assault and Battery Attorney for a quality representation.
At Law offices of Michael L. Guisti, our Orange County criminal defense attorneys have extended experience in criminal case in both state and federal court and has handled hundreds of Assault and Battery cases with a successful track record in Orange County, Los Angeles, San Diego, San Bernardino and Riverside.. Please call us at 714-530-9690 or visit us at www.topcalifornialawyer.com
