Fresno Criminal Defense Attorney

PC 243.10  Punishment -- Battery against Member of U.S. Armed Forces

(a) Any person who commits a battery against a member of the United States Armed Forces because of the Victim's service in the Unites States Armed Forces shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.

(b) Because of: Means that he bias motivation mus be a cause in fact of the battery, whether or not other causes exist.  When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the battery.

This charge is a misdemeanor, but a conviction under this statute could result in a prohibition on ownership and/or possession of a firearm.

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In October of 2014 it was announced that four local bars where deemed off-limits to military personnel in the Central Valley who are stationed at he military base in Lemoore California. The following article in the Fresno Bee gave the details:

Four nightclubs in Fresno have been placed off limits to Lemoore Naval Air Station sailors after a gang member severely beat a military member at a north Fresno club.Capt. Monty Ashliman, the base commander, imposed the off-limits order last week and said it would be in effect for at least a few months.A 23-year-old sailor was attacked at Ghaleb's Grill & Hookah Lounge, near Bullard and Blackstone avenues, on Sept. 27 by an unknown member of the Dog Pound gang and ended up in the hospital, the Fresno Police Department said Monday.No one was arrested and the case is under investigation, police Lt. Joe Gomez said.The four nightclubs affected by the off-limits order are Ghaleb's Grill & Hookah Lounge at 5665 N. Blackstone Ave., Encore Nightclub at 5030 N. First St., Club Imperio at 3950 N. Cedar Ave., and Kocky's Bar and Grill at 1231 Van Ness Ave.The purpose of the order appears to be to stop anyone from the Navy from trying to retaliate.“The gang problem versus our sailors will not be won with retaliation,” Ashliman‘s email message to “NAS Lemoore Leadership” states. “I don't care where you are from, and I don't care how many sailors there are, we will not win this battle. Drop the retaliation, you are compromising the safety and well-being of everyone onboard this installation and our families!”Additionally, anyone going to Fresno should not have Navy markings on their clothes, vehicles or bags, the email said.Ashliman's message is posted on the Facebook page of VFA 122 Flying Eagles Ombudsman.Three weeks before the beating, several sailors out on the town got into an altercation with Dog Pound members at another bar, and some sailors reportedly attacked a Dog Pound member, Gomez said.That incident was not reported to police, he said.About 10:30 p.m. Sept. 27, police received a call about a fight at Ghaleb's Grill and Hookah Lounge, he said. About 300 people exited the nightclub running, he said.The victim, an African-American man and a sailor, was seen on the ground “being kicked and punched,” Gomez said.When the fight started, a security guard attempted to intervene, but "another gang member punched the security guard,” Gomez said.The victim was taken to Community Regional Medical Center. A police officer went to the hospital and reported that the sailor had an abrasion to his head and was in a neck brace, but was too intoxicated to be interviewed.Gomez said he doesn't know if the victim was admitted to the hospital or the status of his condition. His name is not being released to protect his safety, he said.If an arrest is made in the case, a felony charge of battery causing severe bodily injury is likely, Gomez said.An off-duty police officer working for Ghaleb's as a parking lot guard recognized several people fleeing and arriving as Dog Pound gang members, he said.Despite the previous incident, the motive for the attack has not been established, he said.After the Ghaleb's incident, a Fresno Police Department gang unit officer met with officials at Lemoore Naval Air Station to advise them that the Dog Pound is a gang known for violence, shootings and murders, Gomez said.“They have ongoing violence” and are active with a lot of members, Gomez said. “We wanted to make sure they know.”Attempts to reach anyone with Ghaleb's Grill and Hookah Lounge for comment were unsuccessful.Representatives of two other nightclubs on the off-limits lists said it's unfair that they were included.“We didn't have anything to do with it,” said Michael Smith, owner of Kocky's Bar and Grill on Van Ness. “It brings a shadow to my restaurant and bar.”“It's disturbing,” said John Franco, an employee at Club Imperial near Cedar and Dakota avenues. “We're beautifying this area.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.