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Assault & Battery Charges for Forty-Niner Fans

Posted on in Criminal Defense

Assault & battery charges have been filed against three San Jose men that stem from an attack on September 14, 2015 at Levi Stadium . Prosecutors have filed felony assault in a case that they alleged caused great bodily injury to the victim.

The assault & battery claim is alleged to have taken place at a Monday Night Football game between the Forty-Niners and the Minnesota Vikings on September 14. The victims of the assault was a fan wearing a Vikings jersey and an 18-year old security guard. One of the victims lost consciousness after a blow to the head.

The suspects fled the scene but were later identified through videos posted on various social media sites and ticketing information provided by stadium officials. An underage female suspect was also arrested by police. The Mercury News reports that that the fight began with taunting and team rivalry type of bantering. The victim was then tackled and repeatedly hit in the head. A security guard unsuccessfully attempted to break up the assault and was injured in the process.

Great bodily injury (GBI) is an injury that is significant or substantial and includes lacerations, broken bones and loss of consciousness. Although GBI may be an element in some offenses, it is typically a sentencing enhancement. In other words, a judge may increase a potential sentence for a crime committed that resulted in GBI. (See Penal Code section 12022.7 for more information on GBI).

According to the Mercury News there have been 24 reports of physical assaults at Levi Stadium since last year and that 22-24 arrests are made during each and every game for various other crimes.

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