The “Knockout Game” is a Crime, Not a Game

A violent and dangerous epidemic called the “knockout game” in which young adults brutally strike an unsuspecting individual at random in an attempt to “knockout” the victim with a single punch, is sweeping across America. This trend is becoming increasingly common and is being taken very seriously by law enforcement officials.

“Knockout Game” Results in Numerous Deaths and Arrests

• In 2013, 20 year old Elex Murphy was sentenced to life in prison plus 25 years on charges of second-degree murder, first-degree assault, and two counts of armed criminal action for fatally attacking 72 year old St. Louis resident Hoang Nguyen and his 62 year old wife.
• In May of last year a 13 year old plead guilty to assault and a 15 year old was convicted of second-degree manslaughter after they both fatally “knocked out” 51 year old Michael Daniels. Both assailants were sentenced to 18 months in juvenile detention facility.
• In September of 2013, 46 year old Ralph Eric Santiago was followed and “knocked out” by three children ages 13 and 14, leading to the death of Santiago. The attackers were charged with murder and have been remanded to a local youth detention center.

An alarming pattern in these vicious attacks is the youthful age of the assailants. Despite the fact that the “knockout game” is “played” by such young individuals, the consequences of the game can be extremely severe.

Lawmakers Continue to Introduce Bills to Impose Harsher “Knockout” Punishments

In 2013, New York state assemblyman Jim Tedisco put forward legislation called the “Knockout Assault Deterrent Act” to charge juveniles who partook in the knockout game as adults.

Lawmakers in Oklahoma, Illinois, Wisconsin and New Jersey have also increased the severity of punishment, now considering a knockout charge a felony rather than a misdemeanor.

Consequences of Partaking in the “Knockout Game”

While there are currently no such laws in California regarding the “knockout game,” whether you are an adult or a minor, if you participate in the knock out game you are facing serious criminal consequences.

At minimum you can be charged with misdemeanor assault and battery (PC 240-PC 242) for coming in contact with another person without their permission.

If your conduct is such that it was likely to produce great bodily injury then you can be charged with a felony (Penal Code Section 245). If you are convicted of this crime you could go to prison for a lengthy period of time.

If the force you use results in great bodily injury to the victim then several additional years can be added to your punishment.

Finally, if your victim dies you can be prosecuted for murder, which could carry a punishment of as much as 15 years to life in prison.

The fact that you are a minor at the time you participate in this game will not mean you escape punishment. If the victim is injured in any way you will most certainly be prosecuted and will be facing a substantial amount of time in juvenile hall.

There is a defense to this charge and that is the defense of “consent.” If the other person wilfully consents to participating in the “knockout game” as the person that is going to be punched then you may be able to escape criminal liability. However, unless you get that consent “in writing” it will be very difficult for that defense to be a winning one.

Our best advice is to steer clear of involving yourself in the “knockout game” or any other similar risky assaultive behavior. While it may look interesting or even comical to watch a video of people assaulting each other on YouTube, in reality you are putting your freedom and your future at stake if you decide to try to copy some of the highly dangerous things that are available on line.

Call the Criminal Defense Attorneys at Wallin & Klarich Today

If you or someone you love has been accused or participating in the “knockout game,” the penalties could be life-changing. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending clients who are accused of committing assault crimes.

We may be able to get the charges against you reduced or dismissed, relieving you of some or all of the many consequences of a conviction. Our priority is to get you the best possible result in your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernadino, Ventura, West Covina and Victorville, there is a Southern California criminal defense attorney at Wallin & Klarich close to you no matter where you are located.

Call us at today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.