A former Penn State football player appeared at his preliminary hearing today facing a misdemeanor charge of Simple Assault, and he left facing a felony charge of Aggravated Assault to go along with the Simple Assault. While a person charged with a criminal offense has the right to challenge the charges at a preliminary hearing, prosecutors often issue inducements that cause defense attorneys to recommend that clients waive the preliminary hearing. Sometimes those inducements are positive, meaning tentative plea agreements or anticipated resolutions are discussed, but in other situations, the prosecutor may use negative inducements, such as a threat to file additional charges or increase bail.
I am sure that almost everyone has heard the phrase "assault with a deadly weapon," but few, if any, of us have heard of someone being accused of assault with a sexual weapon. According to a Huffington Post story, a 35-year-old New Mexico woman was arrested for assault after her 60-year-old mother contacted the police and reported that the daughter struck her in the head with a vibrator. When the Albuquerque police responded, they found the mother and noticed that she was bleeding profusely from her head. The mother informed them that she and her daughter had been arguing when her daughter picked up a nearby vibrator and struck her in the head. As an experienced criminal defense lawyer, I pay careful attention to a person's story and take note of things that do not make sense or are generally not true. Here, I find it a little odd that the "nearby weapon" was a vibrator as opposed to a pen, spoon, knife, or any other instrument that is routinely found nearby. Then again, this is just a very odd story.
Most people understand that there is little to no reality on reality TV shows, including the show "Amish Mafia" on the Discovery Channel. However, when the actors of such reality shows leave the set, true life does begin. According to online reports, Esther Schmucker, the love interest of the Amish Godfather persona Eli on the show, was the victim of stalking and a domestic violence assault from a former boyfriend.
A Western Pennsylvania man forgot to stop at the store and pick up something for his girlfriend. What man hasn't forgotten a birthday or anniversary? In this case, the oversight was just barbeque sauce. Maybe the sauce was for the roast beast that was cooking in the home for Christmas, and maybe the girlfriend was upset that she would be required to drive to the store to get the sauce and would thereby miss the first showing of the 24-hour marathon of a Christmas Story on TBS. Regardless of her reasoning, according to an online news article, the girlfriend became a bit agitated and bit her boyfriend on the nose. At some point, the boyfriend struck the woman in the eye.
A 46 year old Utah soccer referee recently died after being assaulted by a 17 year old player in a recreational soccer league. The 17 year old disagreed with the referee's issuance of a yellow car and showed his displeasure by punching the ref one time in the head. The ref initially complained of being dizzy, but the ref's health progressivley declined as he was transported to the hospital, slipped into a coma and died. The juvenile was taken to a detention facility after being charged with Aggravated Assault.