Laguna Hills, Orange County - The man accused of shooting a BB gun at an Orange County Sheriff's Deputy who was trying to evict the suspect from a Laguna Hills town home pleaded not guilty in a Santa Ana courtroom Monday.
Randal Rose, 46, pleading not guilty to felony battery on a police officer and is currently being held at Men's Central Jail in lieu of $100,000 bail.
During the confrontation Rose shot at the deputy hitting him in the once in the hand, which the deputy suffered only what has been described as minor injuries.
Orange County criminal defense attorney Michael L. Guisti explains battery is charged under Penal Code (PC) 242, which prohibits the unwanted or unjustified touching of another person.
Santa Ana Assault and Battery defense Attorney Guisti stresses that no matter how slight the touch and regardless if there is no injury, if you touched somebody who didn't want to be touch, that is considered battery.
As the Santa Ana Defense Attorney explains, they're two different classes of battery. Simple battery is when the victim doesn't suffer any injuries and is charged as a misdemeanor, while aggravated battery is when a victim suffers an injury as a result of the battery, or if the battery victim was a police officer or other protected person, regardless of injuries. Aggravated battery can be charged either as a felony or misdemeanor, usually depending on the extent of the injury.
In this case, Santa Ana criminal lawyer Michael L. Guisti explains, Rose is not only facing aggravated battery charges since the alleged victim is a deputy, but under PC 243(b) the suspect is facing "battery on a peace officer."
As the Santa Ana criminal attorney further explains, PC 243(b) is a "wobbler," which means it could be filed either as a misdemeanor or felony, however in this case Rose has been charged with a felony. What determines if the charge will be filed either as a misdemeanor or felony is the severity of injuries, circumstances of the battery, and the suspect's criminal history.
If convicted Rose could face one or all of the following, formal probation, up to a $10,000 fine, between 16 months and three years in a California State Prison, and/or a possible "strike" on his record per California's Three Strikes law, according to Attorney Guisti.
If you're facing some kind of battery charge call the Santa Ana felony defense attorneys at Law Offices of Michael L. Guisti right away. Not only will our legal experts go over and explain the complexities of this charge, but by calling right away before the Orange County District Attorney formally files charges we can not only work with the DA to reduce charges, but investigate police action leading to your arrest, which could result in your case being dismissed.
Call the Law Offices of Michael L. Guisti right away at 714-530-9690.
The Orange County Law Offices of Michael L. Guisti can help you to deal with this charge because our legal experts know the complexities and loopholes of the law and Orange County court system.
We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
