When Charged With a Crime ®

The Academy Awards presentation this year included – as everyone knows – the on-camera slapping heard around the world of Chris Rock by Will Smith. ABC10 News sought out Managing Partner David P. Shapiro to obtain his views on the likely reasons why Smith has not been charged as a result of the incident. David also discusses the issue in detail in the accompanying video.

David begins by explaining that battery under California law consists of a harmful or offensive touching of one person by another. A simple battery, absent other factors, is a misdemeanor. If there is a serious injury, for example, the offense could be filed as a felony battery. The misdemeanor carries a possible sentence of six months in custody, while felony battery could lead to as much as four years in prison. The distinction between the two, however, goes far beyond the potential penalty.

As David points out, we have all likely committed misdemeanor battery at one time or another. A simple shove, for example, could satisfy the definition. There are, of course, defenses, including but not limited to consent and self-defense. The crux of the issue of why Will Smith has not been charged with misdemeanor battery is that, with so many potential cases – and little or no physical harm resulting from them – the police are unlikely to investigate a low-level battery case unless and until the alleged victim indicates they wish to “press charges.” As a result, David concludes, the fact that Will Smith has not been charged is not particularly surprising.

If you have any questions about battery, assault, or violent crimes of any sort in the State of California, especially in San Diego, we are just a phone call away at 619-295-3555.

We are delighted to announce that Elmira Yousufi has joined our Firm as an associate attorney. Elmira brings with her not only excellent educational credentials, but also a history of dedication to those who have been mistreated by the criminal justice system.

A cum laude graduate of the University of California, Irvine, Elmira received an invitation to join Phi Beta Kappa, which recognizes exceptional academic achievement in the arts and sciences. She also served as President of the UC Irvine Mock Trial Team. After completing her undergraduate work, Elmira enrolled at the University of San Diego School of Law, where she obtained her law degree and was selected as one of only ten students for membership in the Order of Barristers.

While pursuing her educational goals, Elmira also remained devoted to those in need. Her activities included over 250 hours of Pro Bono work during her tenure at law school; working at the Public Defender Service for the District of Columbia; and the completion of a clerkship at the San Diego County District Attorney’s Office. She has also been active as a mentor and volunteer in various capacities over the years.

Elmira’s devotion to public service, and to helping those in need, stems in part from her own experiences. She was born in Afghanistan and lived in Iran before emigrating with her family to the United States at the age of four. Experiencing discrimination and prejudice first-hand, Elmira’s response has been to dedicate herself to assisting the more vulnerable members of society, including those charged with crimes and facing the possible loss of their freedom. All of which makes Elmira an excellent advocate for our clients, and a valued and welcome addition to our team.