Los Angeles Criminal Law Blog
     


Minor League Pitcher Charged with Major Assault

Posted on: July 27, 2009 at 1:38 p.m.

Perhaps he meant to do it, or perhaps his aim is just bad, but minor league pitcher Julio Castillo has been charged with one count of felony assault with a deadly weapon and one count of felony assault that caused bodily harm after a brawl at a baseball game left a bystander injured. Castillo, who is from the Dominican Republic and does not speak English, was pitching at a minor league baseball game in Dayton, Ohio when a brawl broke out between the two teams. Castillo claims he threw the ball at the opposing teams dugout fence to warn players from coming out to join the fight, while prosecutors in the case allege the pitcher threw the baseball in order to hurt someone from the opposing team. Whatever Castillo meant to do, the baseball he hurled ended up hitting a 45 year-old man sitting in the stands behind the teams dugout. The man claims he suffered a concussion and swelling that lasted for several days from the blow, with the stitching from the ball leaving marks on the side of his head. If Castillo is convicted on both counts of felony assault, he could serve as much as 16 years in a state prison. Castillo has pleaded not guilty.

Felony ssault charges are, by nature, a very serious criminal offense in Los Angeles and can come in a wide variety of forms: simply pushing someone, bar fights and domestic abuse are all considered assault and/or battery. Assault can be classified as either a misdemeanor or a felony criminal offense in Los Angeles, depending on the circumstances. In a case such as this, where someone was actually injured and required hospitalization, the assault would most likely be classified as a felony. Felony assault convictions are particularly damaging in Los Angeles as they count as a Strike under Californias Three Strikes laws, which can lead to longer prison and parole terms, as well as a potential life in prison sentence for that third felony. Use of a deadly weapon in an assault case is tricky because under Los Angeles law, a deadly weapon is really anything other than a firearm that could cause great bodily harm to someone. Anything from a baseball or bat to more typical weapons such as a knife can be classified as deadly.


If you have been charged with felony assault, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have over 50 combined years in defending against criminal charges and we will fight for you.



Tagged as: jury trial defense, sex crime accusations


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