A recent piece of news from the celebrity press caught the eyes of our Los Angeles County battery criminal defense lawyers. According to a Feb. 20 article from the Los Angeles Times, actor Sean Penn has been charged with two misdemeanors that stem from a run-in he had Oct. 12 with a photographer. The incident was captured on video by another photographer and broadcast on TV and the Internet by celebrity gossip site TMZ. If convicted of misdemeanor battery and misdemeanor vandalism, Penn, the award-winning star of "Milk" and "Mystic River," faces up to 18 months in jail. He will be arraigned March 22.
Video of the incident is widely available online:
The video clearly shows Penn approaching the photographer and kicking at him, while yelling "Get out!" As the incident wore on, the paparazzo retreated and the person operating the video camera got into his or her car, obscuring the view of the remainder of the incident. However, the photographer's attorney now claims he was badly hurt enough to require surgery. The charges from the Los Angeles County District Attorney's office are battery and vandalism, which means Penn is being accused of physically touching the paparazzo, and with damaging his camera. Penn has a history of bad relations with the paparazzi, having been criminally charged twice in the eighties for attacking strangers who tried to photograph him. He also received a suspended sentence for punching someone at a nightclub who he thought had kissed his then-wife, Madonna.
Judging by the video and the facts in the article, our Newport Beach battery criminal defense lawyers think Penn has a good chance of defending himself. The video certainly shows that Penn approached the paparazzo and yelled at him, but it never clearly shows a punch or a kick connecting. This is important when the charge is battery, because battery is the crime of force or unwanted touching -- not just threats. The video may show damage to the camera, when Penn forces the photographer to back into a car, but again, the video is not as clear as prosecutors might want. The previous convictions in the article are more than 20 years old by now. And of course, jurors may sympathize with Penn, who has repeatedly criticized the paparazzi and their routine invasions of targets' privacy.
Howard Law, P.C. represents everyone in California -- not just celebrities -- facing serious criminal charges like assault and battery. At their least serious, neither crime involves violence against the other person; an assault charge doesn't even require that you touch him or her. However, both crimes require prosecutors to prove that the touching was "willful," meaning intentional, which gives our Laguna Beach battery defense attorneys a chance to mount a powerful defense. In some circumstances, we may be able to argue that there was no intent to harm, that there was no intent to touch at all, or that our client was acting in self-defense. And if you prefer a guilty plea, we will negotiate hard for a lesser misdemeanor charge and fair, reasonable penalties.
Howard Law, P.C. offers free consultations to criminal defense clients, so you lose nothing by speaking to us about your legal options. To set up a consultation, please call us toll-free at 1-800-872-5925 or contact us through our site.
