Recent Posts in Los Angeles Category

Battery is defined under California law as the unlawful use of force or violence upon another individual.  The punishment for a crime of battery depends largely on the type of injuries that the victim sustained.  Injuries are classified in three categories; minor injury, serious bodily injury and great bodily injury.      

If the victim suffers either minor or no injury, the defendant faces a conviction of misdemeanor battery.  Under California law, the penalties for this include up to $2,000.00 in fines and up to six months in a county jail.

When a battery is committed and serious bodily injury is inflicted on the victim, the battery is punishable by in the state prison for two to four years. If the battery caused great bodily injury to the victim, the prosecution may file a sentencing enhancement which may add up to six years in state prison, which is in addition to the penalty one faces for the underlying battery charge.

The classification of injuries differs from case to case, and could mean the difference between a few months in prison or several years.  What is problematic and often frustrating in battery cases is that the same type of injury found to be minor for one person, may be serious for another.

If you, or someone you know, has been charged with battery contact Los Angeles Criminal Defense Attorney Robert M. Bernstein today.

Cheryl Ann Stuart, 25, and 31-year-old Mario Alberto Colin, have been arrested and charged with two felony counts each of child abuse and corporal injury to a child.  Police were called to the Santa Ana home where Stuart was renting a room by the landlord, who hadn't seen the children, ages 2 1/2 and 5, outside for some time.

Stuart admitted that she hit her sons but didn't think she was striking them too hard.  When officers found the malnourished and dehydrated boys, the younger boy had severe bruising to his forehead and cheek, and his lips were so dry they were cracked and bleeding. The 5-year-old reportedly had swollen arms and was extremely dehydrated, and both boys had bruises and knots on their heads.  Stuart also told officers the children each received two cups of water a day.  The children were also sometimes tied to their bed and crib by the ankles.  She said it was Colin's idea to withhold food and water from the boys, who were tied up so she could sleep without worrying about them getting away.  Paramedics took the boys to a hospital to be treated for dehydration, malnutrition and injuries and they are expected to recover.

Stuart and Colin have appeared before the Orange County Superior Court and plead not guilty.  The defendants face up to seven years and four months in prison if convicted.

If you or someone you know has been charged with child abuse and corporal injury to a child, contact  Los Angeles Criminal Defense Lawyer Robert M. Bernstein for a free consultation today.