Maison Law represents victims injured by security guards in California. Security guards are often operating in a heightened state, and if they make a poor decision to engage in a physical manner with you when it is unnecessary, then the company that employs them can be held responsible for damages.
At Maison Law, we can help you recover the compensation you need if you were injured by a security guard who overstepped their authority and caused you harm. We’ve seen these incidents before, and they’re considered a clear case of assualt. So, don’t wait until it’s too late to take legal action.
Contact Maison Law today for a no-cost, no-obligation consultation.
How a Lawyer Can Help Victims Injured by a Security Guard
Security guards and bouncers are hired to be ready to engage in physical altercations; however, they can make mistakes and cause harm to innocent people. These types of incidents usually involve a security guard targeting a specific person and using physical force, punches, kicks, batons, or tasers to subdue someone. If a person is treated in this way, and they were not causing a disturbance, then they are victims of assualt and have every right to pursue damages.
At Maison Law, we protect victims of assault and exercise every avenue of the law to get them the compensation they need. Our law firm pursues the following damages for injured victims in California:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
Get a Free Consultation
Maison Law offers a free consultation to all injured victims in California. Our Personal Injury Attorneys are here to discuss the details of your incident at no cost to you and evaluate if you have an injury claim and the next steps you should take. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact us today for a no-cost, no-obligation consultation.
California Penal Code Section 245(a)(1)
California Penal Code Section 245(a)(1) covers the unlawful act of assaulting a person with a deadly weapon, or object, other than a firearm. In the case of being injured by a security guard, this could mean you were attacked, assaulted, or intentionally harmed in a physical way that did not involve a firearm. California law protects victims from these acts and punishes those who commit assault. If assault can be proven, then you will have a strong case, because it is clear action that breaks the law. If a security guard breaks a law and injures you, then it will be difficult for them or their company’s insurance to deny you compensation.
Punishment for Using an Object as a Deadly Weapon
Violation of Penal Code Section 245(a)(1) is considered assault with a deadly weapon using a vehicle, a bat, a knife, or a random object. This is a strike offense and a felony if there is great bodily injury to the victim. If no injury occurred, it is not a strike or a felony, but a misdemeanor. This, however, can be disputed based on the facts of the case and the defendant’s criminal record. Penal Code Section 245(a)(1) clarifies punishment for this action as:
“(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”
The unfortunate fact of the matter is that people do use their cars to intentionally hurt others. These incidents occur most frequently in cases of:
- Domestic violence
- Aggravated battery
- Juvenile matters
- Intentional harm to others
It is important to note that victims do not need to be injured for a person to be in violation of Penal Code 245 (a)(1). A violation of this statute occurs when a defendant willfully and knowingly uses an object to cause great bodily harm to another. This law not only applies to security guards, but also to the companies that employ them.
Penal Code 12022.7 – “Great Bodily Injury” Penalties
Penal Code 12022.7 is considered a penalty enhancement to felony crimes. This specific code allows a judge or jury to impose additional prison time if “great bodily injury” is inflicted upon a victim. Additional prison time is added onto any felony where great bodily injury was inflicted upon the victim, carrying a three to six-year increase of their initial sentencing.
The prison sentencing found in California Penal Code 12022.7 is considered a consecutive term, meaning it must be served immediately after prison time for the underlying offense is completed.
What is Great Bodily Injury?
Great bodily injury, or “GBI’, is defined as a significant or substantial injury to a person’s body. It is considered any injury that is greater than minor or moderate harm. These types of injuries typically include:
- Broken bones
- Concussions
- Gunshot wounds
- Contusions
- Second and third-degree burns
Within the law, other factors constitute great bodily injury such as violent acts against the elderly, children, or the mentally disabled. These are listed in Penal Code 12022.7, which states:
“(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.”
Deadly Assaults According to California Law
According to California Criminal Jury Instruction 875, a defendant can be charged with assault with a deadly weapon when:
- The defendant used a deadly lethal weapon or instrument with intent to directly harm another
- The force used by the defendant was likely to produce severe injuries to the victim’s body
- The defendant acted in a willful manner
- The defendant was aware their actions would lead a reasonable person to believe the act would directly and probably result in the application of force to produce great bodily harm
Severe injuries under California Law are described as “significant, or substantial physical injury.” These include:
- Broken bones
- Lacerations
- Serious abrasions
- Concussion
Assault on a Public Officer
In California, any person serving their government can be considered a public officer. This ranges from courthouse security guards to the President of the United States. CPC 217.1(1) states:
“(a) Except as provided in subdivision (b), every person who commits any assault upon the President or Vice President of the United States, the Governor of any state or territory, any justice, judge, or former judge of any local, state, or federal court of record, any commissioner, referee, or other subordinate judicial officer of any court of record, the secretary or director of any executive agency or department of the United States or any state or territory…”
Assaults on Public Officers can be considered a misdemeanor or a felony. This is considered a “wobbler” crime as it can go either way, depending on the details of the crime. The assault must also be committed as a form of retaliation or to prevent the public officer from doing their job. If you’re convicted of Assualt On A Public Officer, the felony penalty may be:
- Up to 3 years in county jail
- A fine of up to $10k
- Both imprisonment and a fine
Damage You Can Claim After Being Assaulted by a Security Guard
At Maison Law, we understand that a personal injury lawsuit is your once-in-a-lifetime chance at fair compensation for all you’ve had to endure after being wrongfully assaulted. That’s why our firm has created a simple way to get your accident claim settled and paid out to you quickly and efficiently. We get you what you need financially to rebuild your life. Unlike so many other law firms in California, we do not want to waste years of your life by dragging your case through the legal system.
With our representation, we will take swift legal action and negotiate fair compensation on your behalf based on the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are common in an assault case because the behavior is typically considered reckless with the intention of hurting you. These types of damages are meant to serve as a punishment for the person or business that committed the careless act.
Contact a Personal Injury Lawyer in California
If you or a loved one has been injured due to the actions of a security guard in California, the Personal Injury Attorneys at Maison Law can help you get the medical help and financial compensation you need. We understand how traumatic these unfortunate events can be for assault victims, which is why we aggressively pursue a fair settlement to cover the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees at our firm, and we only get paid when we win your case.
