Criminal Defense Blog
A night out in Ibiza, Spain recently took a frantic turn for Orlando Bloom. The “Pirates of the Caribbean” actor was reportedly having dinner with friend Leonardo DiCaprio when he was confronted by pop star Justin Bieber.
Is Orlando Bloom's punch at Bieber assault or battery?
According to witnesses, Bieber reached out to greet Bloom, but Bloom refused. The actor reportedly began exchanging harsh words with the singer until they were separated by their respective entourages.1 But that wasn’t the end of it.
Moments later, Bloom and Bieber reportedly confronted each other again, and this time, Bloom allegedly threw a punch in Bieber’s direction. Bloom’s punch missed, but it escalated the situation. Bieber reportedly unleashed a string of offensive remarks at Bloom before the confrontation was broken up.2
Although Bloom’s alleged punch did not land, he could face criminal charges if the event occurred in California. In order to know what charges he would be facing, it is important to first understand the differences between assault and battery in California. Let’s take a look at the differences between these charges…
California Penal Code Section 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury to another person.”3
In other words, assault is the mere attempt to use unlawful force or violence against another person. The attempt does not actually have to cause injury.
If you are being charged with assault, the prosecution will need to prove that you:
Battery involves the “actual” use of unlawful force or violence against another person. Under California Penal Code Section 242, battery is defined as, “willful and unlawful use of force or violence against another person.”
Under this definition, you do not have to actually hurt the person in order to be convicted of battery. All that matters is you touched them in an offensive way that is unlawful.5
If the reported confrontation between Bloom and Bieber took place in California, Bloom could face assault charges under California Penal Code Section 240. His alleged missed punch could be considered an unlawful attempt at using force against Bieber. Because his punch failed to connect, Bloom would not likely face battery charges.
If you are convicted of assault in California, you face up to six months in county jail and up to $1,000 in fines.6
You face more severe penalties if you are convicted of battery. Under California Penal Code Section 242, a misdemeanor battery conviction is punishable by up to six months in jail and up to $2,000 in fines.7
If you are facing charges of assault or battery, you should contact an experienced assault and battery attorney immediately. The attorneys at Wallin & Klarich have over 40 years of experience successfully defending our clients accused of these crimes. We can help you navigate the complex laws regarding assault and battery.
With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, our skilled attorneys are available to help you achieve the best possible result in your case no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. [http://www.eonline.com/news/564477/orlando-bloom-and-justin-bieber-get-into-a-confrontation-over-miranda-kerr-at-ibiza-club-reports]↩
2. [Id.]↩
3. [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=240-248]↩
4. [http://www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html]↩
5. [Id.]↩
6. [Id.]↩
7. [Id.]↩
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