Legal Analysis: Mel Gibson's tapes should be enough for conviction with jail time

What are you gonna get a fucking restraining order for? For me being drunk and disorderly? For me hitting you? For what?
You know what Mel, I most certainly hope she has gotten a restraining order for all of the above!   The second tape of Mel Gibson's conversations with Oksana was released, but media still aren't covering his hateful speech with much indignation.  In fact, many commenters on the few articles that are talking about it very much blame Oksana for her gold-digging ways, which supposedly mean she had Mel's behavior coming to her.

Thanks to Mel's idiocy, Oksana has recorded proof of at least some of his threats, which will empower any other claims she makes about his words and actions, and really harm him in front of the jury.  So, hopefully her spousal abuse claim is successful, and he's put away for the maximum 6 years if convicted of the felony count.

Felony Spousal abuse (CA Penal Code 273.5) occurs when
Any person willfully inflicts upon ... a cohabitant or ... parent of [their] child, corporal injury resulting in a traumatic condition is guilty of a felony ... [punishable] by imprisonment ... for two, three, or four years, or by a fine of $6,000, or by both.
The statute defines "traumatic condition" as a wound, "whether minor or serious" - and if she has proof of the two teeth being knocked out, that wound would definitely qualify as a serious wound to meet that condition.  Having inflicted a serious wound upon Oksana, and admitted to it in that conversation - Mel should be guilty of a felony count of spousal abuse, with at minimum 2 years in jail, if not four.

But, the court could be lenient and simply fine him the $6,000 and essentially not punish him at all.  If we as a society showed a bit more outrage, maybe the judge would too.

The lesser included offense of terroristic threats could potentially add another 6 months of jail time, if the judge chose to make the penalties run consecutive to one another.

CA Article 3.6, Title 11.5 "Terroristic Threats" law provides in part:
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the to be taken as a threat, ... so specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat...
Penalty under this section is up to one year in jail.  And, not only did Mel make exactly the sort of threat described under this section of the statute, but Oksana has recorded, indisputable proof of the tone and circumstances of the conversation.

CA Penal Code 242: Battery is defined as
any willful and unlawful use of force or violence upon the person of another.
According to this tape, Mel admits to at least one instance of hitting Oksana in the face hard enough to knock out two of her teeth.  He takes his admission one step further and shouts "You deserved it!"

CA Penal Code 241:
Assault is an unlawful attempt, coupled with present ability, to commit a violent injury on another person.
In this tape, Mel references the last time he had hit Oksana, and continues to threaten her throughout the conversation.  Towards the end of the tape, he tells her he's coming over, and when she threatens to call the police, he tells her
"I'll put you in a fucking rose garden, you cunt. You understand that? Cuz I'm capable. You understand that?"
Judging by his past actions, and total willingness to hit her with force enough to knock out teeth (while she's holding a baby!), Mel is capable and willing to follow through on his threats.  Judging by Oksana's tense emotion in describing her fear for her and her daughter's life - it's also abundantly clear that Oksana appreciate the gravity in Mel's threats as serious and possible.

Now - these three charges are pretty compelling on this tape alone, not to mention any other evidence she may have such as doctor's records of injuries.  This tape (along with the tape released earlier) would also serve to bolster any other claims she has against Mel for abuse.  

Let's just hope he's prosecuted!  Maybe then the media will feel like giving him some bad publicity instead of focusing all their attention on poor LiLo.

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