The foolishness according to the facts reported by TMZ:
Keyshia Cole spent a not-so-pleasant Friday morning in jail … after allegedly assaulting a woman who apparently spent the night with Keyshia’s rumored BF.
Keyshia showed up at a swanky condo complex in West L.A. at around 5 AM. We’re told she went there to see Birdman — the CEO of Cash Money — who she’s reportedly dating.
Our sources say … for some reason security let her go up to Birdman’s penthouse and when she got in she saw another woman and went nuts.
We’re told Keyshia attacked her … leaving scratches all over her face.
Cops were called … and Keyshia was arrested for battery and an outstanding reckless driving warrant.
She was just released on $46,000 bail.
We called Keyshia’s rep … so far no comment. –TMZ
AML Legal Analysis:
When you punch, hit, bite, scratch, spit, throw an object, water, drink etc. at a person, you have committed battery. Essentially, battery is the illegal use of force on another person which causes bodily injury or is deemed a harmful/offensive contact.
There are important elements that the Prosecutor (DA) will have to prove in a battery case to get a conviction against you.
Intent: You could INTEND to commit battery or it could be un-intentional aka criminal negligence.
Indirect Application of Force: Remember I said you could throw an object or substance i.e. water or drink at someone one and that could still constitute as battery? So, your takeaway is that you need not directly use force against someone to get battery.
Defenses: If you are in California where I practice, you would be charged with California Penal Code section242.
What are your defenses should you knock on the door of a firm like mine that also does criminal defense work?
Typically, when criminal defense attorneys take on your matter, they will listen to you to ascertain what defenses there might be, if any, applicable to your actions.
- It was an accident.
- He/she consented.
- I was trying to help someone that was getting beat up.
- I am a parent and I have a right to discipline my child, where applicable.
What impact will a conviction of battery have on you?
- Very tough to gain employment (for artists, not much of an issue if you are a celebrity like Keyshia Cole but the common man/woman, hard).
- Sometimes tough to gain housing, and overall not good on your record.
- Bad brand reputation and drives away endorsement deals. These days endorsement deals matter more so than ever before. Keep your hands to yourself.
What Kind of Time Are We looking At?
- Typically 6months in your county’s jail
- Anger management
- Informal probation, typically.
Does the DA limit the charges to only battery (242)
Nope! If you cause serious bodily injury, then in California, expect to see a charge of California Penal Code (CPC) 243(d) for aggravated battery and if the object you used could or caused great bodily injury, expect to see CPC 245(a)(1) charge of assault with a deadly weapon most likely to cause great bodily injury. Both sections of the code are usually charged as felonies with steeper implications.
Artists, let’s quit with the foolishness and be about the music.
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