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March 30, 2012

Kim Kardashian's "Flour Bomber" May Face Criminal Charges


An incident that saw a bystander dump a sack of flour over the head of reality television star Kim Kardashian may result in the woman facing criminal charges for her actions. The incident occurred on March 22 at a launch party in Hollywood for Kardashian's new fragrance when a woman in the crowd "flour-bombed" her as she walked down the red carpet for the event, according to Reuters.

Kim Kardashian
Photo Appears Courtesy of The Examiner

While the exact motives for the attack are not clear, it has been reported that it may have been an anti-fur protest as the woman apparently is an animal rights activist and has strong connections to PETA (People for the Ethical Treatment of Animals). As soon as she was covered in flour, Kardashian was quickly escorted away by security and the woman was detained by security and arrested after she attempted to flee the scene. While Kardashian was originally in a joking mood concerning the incident and did not press charges, she has since changed her stance, stating that the possibility of the attack using a harmful substance was frightening and she plans to press charges after all.

Due to the circumstances of the flour attack, these actions could technically be considered assault and battery, which police investigators will be looking into now that Kardashian looks to file a complaint. Under California Penal Code Section 240, an assault crime in Southern California is defined as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." This can be punished by up to $1,000 in fines and/or up to six months in county jail.

Battery is defined by Section 242 as "any willful and unlawful use of force or violence upon the person of another." This can be subjected to penalties including up to $2,000 in fines, county jail imprisonment for up to six months, or both.

Strong opinions and a desire to make statements often drive people to commit crimes they would not normally commit. The Ventura County battery defense lawyers at The Law Offices of Daniel Kann have the years of experience and skills needed to successfully defend you against harsh charges and penalties. For more information on how we can aid you, call our offices at (805) 290-4932.

October 3, 2011

Fullerton Police Officer Charged with Murder for Homeless Man's Beating Death


A Fullerton police officer has been charged with second-degree murder and involuntary manslaughter for the death of an apparently homeless man. Another officer faces charges for involuntary manslaughter and excessive use of force. It was argued that the officers resorted to physical force because the homeless man violently resisted arrest.

According to The Huffington Post, the officers responded to reports that a "homeless" individual was peering into car windows and shaking door handles in downtown Fullerton. Once the officers arrived at the scene, they had the man sit on the curb. However, the man, who suffered from schizophrenia, reportedly had issues following the officer's requests. It was at this time that an officer allegedly threatened force upon the man.

The officers have been accused of beating the man for 10 minutes in which they pinned him to the ground so hard that he wasn't able to breathe. The man's cause of death was determined to be compression of the thorax as well as injuries to the face and head.

If the officer facing murder charges is convicted, he could serve a maximum of 15 years to life in prison. The other officer faces a maximum penalty of four years in prison if convicted.

It isn't easy for most people to wrap their brain around this type of controversial incident, mostly due to the fact that numerous accounts of the incident have been shared. Not every case of battery or assault results in death. However, anyone charged with a violent crime or making threats faces serious penalties if convicted.

California Penal Code Section 242 defines battery as "any willful and unlawful use of force or violence upon the person of another" and California Penal Code Section 240 states that assault is "an unlawful attempted, coupled with present ability, to commit a violent injury on the person of another."

As a battery defense lawyer in California, Daniel Kann understands the importance of building a strong case on his clients' behalf to protect their rights and help restore their good name. Assault and battery cases are complex, often leaving a person confused about their legal rights. To find out more about how Mr. Kann can help keep you out of jail, call 888-744-7730 today.