5 men were due in court this morning on charges related to the death of a 25-year-old Marine reservist on August 6 after sustaining a head injury during a fight the previous day.

The reservist got into an altercation at the bar the night before and was, allegedly, attacked without provocation after he left the bar with his friends.  A dash cam video shows the reservist getting punched, falling and hitting his head on the curb.  He was taken to the hospital, where he died of blunt-force trauma to his head.

5 men have been charged with one count each of assault with a deadly weapon, one of whom has also been charged with involuntary manslaughter.

Assault with a deadly weapon is an assault that is committed with any type of deadly weapon or by means of force likely to cause great bodily injury.  This aggravated assault and batter is punishable by anywhere from 2 to 4 years in state prison, up to a $10,000 fine and a possible strike on your record.  (see detailed assault Penal Code here).

There are many levels of assault in California.  Assault with a deadly weapon is, by nature, a “wobbler” which can be charged as either a felony or misdemeanor.  Consideration is given to the nature of the incident, the weapon used, the injuries to the victim and the credibility of the victim and aggressor.  Because assault with a deadly weapon is a “wobbler”, it is important to contact attorney Ross Erlich as soon as possible so that lines of communication can go up between our office and the District Attorney’s office.  It is not uncommon for District Attorneys to speak with defense lawyers before actual charges are filed and work to reduce the severity of the ultimate charges.

If you have been charged with assault and/or battery, it is important to stay calm, contact an attorney and not discuss the matter with law enforcement or anyone else for that matter.  Attorney Ross Erlich is available 24 hours a day, 7 days a week for a free consultation.