What Will Willie McGinest be Charged with? San Diego Criminal Lawyer Explains

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Former NFL star linebacker Willie McGinnest was arrested in Los Angeles on December 19, 2022, for suspicion of committing an assault with a deadly weapon (PC 245(a)(1)) on another man after what appeared to be a brief verbal encounter at a West Hollywood restaurant on December 9, 2022. What does this mean for McGinnest, his future job prospects on NFL Network, and what he is possibly facing if convicted, are all outlined in this video by San Diego criminal lawyer David P. Shapiro.

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Transcript:
– Hi, my name is David P. Shapiro. I’m the owner and managing partner in the Law Office David P. Shapiro, located in San Diego, California, where my firm helps good people regain control of their future when charged with a crime. This video I wanna talk to you about the arrest of former New England Patriots star, a linebacker, USC star linebacker, and current, at least for the time being, NFL Network commentator Willie McGinest in Los Angeles on Monday, December 19th for an incident that occurred on December 9th. And what we’ve already seen from this incident is the video surveillance from a restaurant, a place called Delilah, in West Hollywood in Los Angeles, where you see someone who appears to be Willie McGinest approach another individual who’s seated in like a booth at the restaurant. Brief words are exchanged, McGinest hits him in the face with his left hand, at least someone who we believe is Willie McGinest. And then a melee ensues where multiple people appear to be ganging up on this one individual, punching him, kicking him, so on and so forth. And at one point you actually see McGinest sort of step away from the melee and grab a bottle and sort of uppercut the individual with the bottle on his hand and then put the bottle down on a nearby bench or a nearby booth. And you know, all of this is problematic understanding that obviously, you know, whoever those individuals are, including, but not limited to obviously Willie McGinest, are presumed innocent. You know, there may very well be a defense. It’s a little bit difficult to think of one off the top of your head without being intimately familiar with the situation and only looking at the surveillance video, because again what that surveillance video shows are words exchanged. Not sure what, if anything, happened earlier. Not sure what, if anything, was said earlier, as in that night, that week, that month. That the two individuals or the group knew each other or not. But the video does not look good. And what has happened right now is when McGinest apparently went in for questioning, is what’s being reported by LAPD on Monday, December 9th, he wound up getting arrested at the conclusion of that interview, posted $30,000 bond, which is standard for the charge that he was booked into jail on, which is penal code section 245 parentheses a parentheses 1, which is assault with a deadly weapon, and will have a future court date, either in December or the early portion of 2023, assuming the district attorney’s office decides to file charges. Now, well, what does this mean for Willie McGinest? What does this mean for his defense team? What is the district attorney considering charging him with? Well, what he was booked into jail on was an alleged violation of 245a1 of the penal code. That’s assault with a deadly weapon. That is a serious felony in the state of California. So if he’s charged with it, if he’s convicted of it as a felony, he will have suffered a strike felony conviction and irrespective of the injuries would be facing at least in state prison. Now, in all likelihood he probably would not get that amount of time, assuming he’s convicted of anything, but it’s important to note. What’s also significant are the extent of the injuries of the person who was ultimately assaulted, right? Were these minor bruises, maybe a little blood? Or was there a significant, or what the law defined, is great or serious bodily injury? Because if so, that could lead to a whole slew of other charges. Notably penal code section 245a4, assault by means of force likely to produce great bodily injury. The theory being it could have been the fist, it could have been the repeated punching, the kicking, what have you. And then also 243d of the penal code, which is battery causing serious injury, which in and of itself would be a strike. The biggest concern that someone like Willie McGinest has right now is if there was in fact great bodily injury sustained, or certainly at least alleged by the prosecutor, because if that’s the case, that will likely tack on at least three years of potential exposure….truncated…
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