Torrance, Two Construction Workers Fight, Plea to 415
In a Nutshell: Our client, a welder, allegedly fights with the general contractor at a Torrance construction site after the general contractor says he won’t pay our client. Our client has a moderate prior criminal history. Case resolved for misdemeanor disturbing the peace (PC § 415) with two years of informal probation and just $220 in court fines (no anger management classes or community service).
Construction Site in the Area
Our client suggested that the general contractor bring an engineer to the sight to look at the building and evaluate if it would be safe and prudent to remove the bolts. The general contractor refused.
Voices were raised and our client, mindful of his prior record, restrained himself, although he really wanted to deck the general contractor if he was not going to be paid. The general contractor became convinced that his ultimatum was not going to work, so he backed off and paid our client.
But the general contractor was embarrassed and his pride had been wounded, so he called the Torrance Police Department and fabricated a claim that our client had punched and kicked him. However, there were several witnesses who our client knew were there and who would testify that this never took place at all (however, the general contractor was also shorting their paychecks, so they were considered biased witnesses with an ulterior motive).
After talking to the police, the general contractor also called our client twice, telling him “I hope you have a prior record.” The Torrance Police Department took one look at our client’s prior record, disregarded everything our client said, and recommended charges be filed, which the Torrance City Prosecutor did.
Our client was charged with one count of battery (Penal Code § 242), one count of misdemeanor criminal threats (Penal Code § 422) and one count of misdemeanor assault (Penal Code § 240). The initial offer to our client was three years of summary probation, 15 days of county jail, significant fines and 52 weeks of anger management classes, as well as the Torrance Police Department Booking Fee.
Greg wrote an extensive Defense Position Letter to the Torrance City Prosecutor, explaining what had happened in fact and showing the building at issue. Greg took pictures of the bolts in the stairs area and described how what the general contractor ordered was a recipe for disaster. Greg also gave the prosecutor the names and addresses of the three witnesses who heard the general contractor’s demand and saw that our client never hit the general contractor.
For more information about the issues in this case summary, click on the following articles: