The Fullerton Police Department asked Friday for the public's help in finding the people who stabbed two men during a Cinco de Mayo party at a fraternity house near Cal State Fullerton.
A group of people were socializing in front of a fraternity house near Cal State Fullerton in the 2100 block of Teri Place at about 1:40 a.m. Friday May 6, 2011 when they were approached by six to eight men in which an argument erupted.
No one really knew what the argument was about, but witnesses said it could have been a dispute over the party.
After getting verbal with one another, one of the suspects pulled out a knife and stabbed the two guys.
A 21-year-old man was seriously wounded in the middle upper back, and a 22-year-old man was stabbed in the middle lower back.
The assailants ran north on Teri Place after the altercation according to the authorities, and witnesses did not see a vehicle.
It was unknown if the men involved are fraternity members or attend the university.
The two victims were listed in stable condition Friday at UCI Medical Center.
If these men are arrested they will likely face assault with a deadly weapon charges or
attempted murder charges.
Assault With a Deadly Weapon:
California Penal Code 245(a)(1)
A Penal Code 240 "simple assault" is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. California Penal Code 245(a)(1) defines assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another.2
An ADW charge is what's known as a wobbler. A "wobbler" is a crime that...depending on the circumstances...prosecutors can opt to file as either a misdemeanor or a felony. With respect to a California aggravated assault charge, this decision is primarily based on three factors:
1. The type of weapon or instrument used to commit the alleged ADW,
2. Whether the person whom you allegedly assaulted sustained an injury (and if so, the severity of the injury), and
3. The nature of the victim (that is, whether the alleged victim an officer, firefighter, or other "protected" person).
Penalties may include 4-5 years in prison or large fines up to $10,000.
Attempted Murder:
In order to convict you of violating California's "attempted murder" laws, the prosecutor must prove the following two facts:
1. That you took at least one direct (but ineffective) step towards killing another person
2. That you intended to kill that person
Some legal defenses:
You did not have the specific intent to kill; you did not take the required direct step; you were falsely accused or wrongfully arrested; you acted in accordance with California self defense laws.
Attempted murder is a felony. And like Penal Code 187 PC California's murder law, it is divided into two degrees: first and second-degree
attempted murder.
If convicted of first-degree attempted murder, which means that the attempted murder was willful, deliberate, and premeditated, you face a life sentence in the California state prison with the possibility of parole.
If convicted of second-degree attempted murder, which is any murder attempt that isn't willful, deliberate, and premeditated, you face a five, seven, or nine-year state prison sentence.
At Hedding Law Firm we have the experience, skill, and qualifications to defend any criminal charges you may be facing.
Our Firm has handled thousands of criminal matters over the years, ranging from murder, to attempted crime to
DUI to white collar offenses as well as Federal matters all over the country.
Contact us for a FREE face to face confidential consultation.