San Clemente, Orange County - In San Clemente on Sunday evening a series of fights broke out.
Beginning at 7:30 p.m. Orange County Sheriff deputies responded to a call of a fight of up to 30 people involved. A short time later two other fights were reported with a large number of people involved, and it's unclear if all these fights were connected and what the cause of the fights were.
Irvine criminal defense attorney Michael L. Guisti explains being arrested for a fight they're several potential charges a suspect could face. The most obvious charge, according to Guisti, is battery charges. Under Penal Code (PC) 242 battery takes place when you willfully and unlawfully use force or violence upon another, and it doesn't matter how violent or sight the touch, just as long as you laid your hands on somebody in a harmful matter, according to Guisti.
Irvine assault and battery attorney Guisti explains if the victim suffered great bodily injury the suspects or suspects could face the more severe charge of aggravated battery under PC 243(d), which is when you commit batter and it results in the victim suffering great bodily injury. Now what constitutions such injury can always be debatable and that is why it's important to consult with a criminal defense lawyer who can work with the DA to possibly reduce charges, according to Guisti.
Guisti goes on to say if any weapons were used during any of these fights it's possible a suspect or suspects could face charges under PC 245(a)(1), assault with a deadly weapon, which means you assaulted somebody with a deadly weapon, and that weapon doesn't have to be something like a knife or gun (which would bring on the more serious charge of assault with a firearm) as it can be any "everyday" object that was used as a weapon.
Irvine criminal lawyer Guisti points out other people involved in this fight could face possible simple assault charges under PC 240, which means no physical contact was involved, only that the suspects had the ability to do so, and is a misdemeanor, and depending on the circumstances some suspects could face criminal threat charges.
If you or somebody you know have been involved in a fight, or even domestic violence situation, call our experienced Orange County criminal attorneys now at the Irvine Law Offices of Michael L. Guisti at 949-390-9898 and we'll see to it your side of the story is heard and get you the best possible outcome.
