Los Angeles Criminal Lawyers Blog

On Tuesday, February 7, 2012, the San Diego City Attorney's office declared that Los Angeles Laker player Kobe Bryant would not be charged with assault arising from an incident that occurred last August.

Alleged victim, Thomas Hagos, 20, asserted that Bryant assaulted him while both were attending church in the upscale neighborhood of Carmel Valley. California Penal Code §240 makes it unlawful for any person to make an unlawful attempt, couple with present ability, to commit violent injury to another.

Hagos claimed that Bryant had aggressively grabbed his arm accusing the 20 year old of having tried to take his picture. Hagos was taken to the hospital with a minor wrist sprain.

It is important to remember that with an assault charge, no actual harm or injury needs to occur for a person to be found guilty. However, in order for a person to be convicted, the government must prove that there is evidence that proves he is guilty beyond a reasonable doubt. This means that the prosecutor must demonstrate that the evidence presented in court leads the jury to believe that there is no other explanation, but that the defendant committed assault.

In many situations, there is not enough evidence for a conviction. It is difficult to prove an assault case, because it is hard to determine the person's intent to harm, especially when it results in no injury. In an assault case, the prosecution will interview witnesses, medical reports, and other evidence that may exist at the scene. In the case against the basketball star, the strongest evidence would be that of witnesses who saw the altercation take place.

Due to the fact that no injury is required, there is a lot of room for false allegations in a San Diego Assault case. In situations with celebrities, the government has to be very careful in what charges they bring. They must make sure that there are actual facts and evidence to support the charge, and not just an overzealous fan who wants their moment in the limelight.

In the assault case that was dismissed today, the prosecutor, Jan Goldsmith, did her job diligently. Stating that "as prosecutors we cannot ethically file a criminal case when we lack sufficient evidence to prove the case beyond a reasonable doubt".

When it seems that there is sufficient evidence to bring charges forward, it is the job of the San Diego Criminal Defense attorney to cast doubt on the evidence presented. They must weaken the supporting evidence so that the jury cannot reach the conclusion that the evidence proves the case beyond a reasonable doubt.

The argument presented can make or break the case. That is why it is important to consult with a knowledgeable professional so discuss the strength of the evidence and possible defenses. The most favorable outcome is what your attorney will fight for so that you can get your case dismissed like Kobe Bryant's.

When a person has been charged with a criminal violation, the Prosecutor must demonstrate that the person is guilty beyond a reasonable doubt, before they can be convicted. In a criminal case, each person has the right to a jury trial. The Jurors must then determine whether the Prosecutor has presented a case that allows them to believe that the defendant is guilty beyond a reasonable doubt.

The legal definition of the standard of Beyond a Reasonable is met when no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

Anyone who is brought before the Criminal Justice System is presumed to be innocent and must be proven guilty. If it cannot be proven that they are guilty, they will be innocent and cannot be convicted of a crime. Guilt must be proven through the facts and evidence. The facts and evidence should be strong and in favor of the crime having been committed by the defendant with no other plausible explanation.

For example, let's say Dan is charged with possession of a controlled substance. He was arrested at his home, where he lives alone with a search warrant. There were drugs in his bedroom drawer and in his kitchen. Dan is the only one who has the keys to his home. In this situation, the evidence introduced will be the actual drugs found, testimony as to where the drugs were found, and possibly evidence that Dan is the only who lives there and the only one with a key. All evidence points to the fact that the drugs must be Dan's and were in his possession, as they were in an area controlled solely by Dan. In this situation, Dan may be found guilty beyond a reasonable doubt, since there seems to be no logical explanation other than the drugs being in Dan's exclusive possession.

In comparison, let's say that Dan goes to his Frank's home to help paint the bedroom. While Dan is in the bedroom, officers come in with a warrant and find amounts of controlled substances in the living room, kitchen and bedroom. Frank is the one that lives at the home, Frank has a criminal record involving drug sales and use and is the only one who has a key to the home. The evidence does not point to Dan being in possession of the drugs. Arguments can be made that Dan knew nothing about the drugs and was merely on the premises to help Frank paint his house. In this situation, it is more difficult to prove Dan's guilty beyond a reasonable doubt.

The criminal standard is a tough one to prove. It is high and serves to protect an individual's rights so that innocent people are not convicted of crimes. It is a lot higher than the civil standard. An experienced Southern California Criminal Defense Lawyer can prepare a powerful defense argument so that the evidence is doubted and doesn't reach the level of the high standard.