Santos Arturo Ochoa, a 36-year-old man, has been charged with pistol-whipping another man over a dispute about a handball game in Irvine, according to the Irvine Police Department.
Ochoa is facing charges of attempted murder, assault with a firearm and possession of an undetectable gun, all felonies. He also faces sentencing enhancements for attempted premeditated murder, discharge of a gun and committing an offense while out on bail.
It turned out Ochoa was out on bail for a previous incident involving felony charges of carrying a concealed loaded unregistered gun, a count of leading police on a chase, and a misdemeanor count of possession of nitrous oxide.
Police responded to University Park, last Monday at about 5:45 p.m., where the victim said he had been shot in the head, according to the Irvine Police.
However, the investigators later determined that the victim was not shot in the head, but was rather struck with a pistol, which is often referred to as “pistol-whipping.”
Ochoa was arrested at a nearby apartment complex.
The attack was the result of a dispute over a handball game, according to the Irvine Police.
Ochoa did not enter a plea last Wednesday in the jail courtroom in Santa Ana.
Ochoa is set to be arraigned on Dec. 17 at the Harbor Justice Center in Newport Beach.
Here’s what Santos Arturo Ochoa could be facing under California law, based on the charges and enhancements mentioned:
Base Charges
- Attempted Murder (First-Degree)
- Life in state prison with the possibility of parole.
- If proven premeditated, this is mandatory.
- Minimum parole eligibility after 7 years (must serve 85% of that).
- Assault with a Firearm (PC 245(a)(2))
- Felony: 2, 3, or 4 years in state prison.
- If a semiautomatic firearm was used, 3, 6, or 9 years.
- Always a felony if a machine gun or assault weapon was involved (up to 12 years).
- Possession of an Undetectable Firearm (PC 24610)
- Wobbler offense:
- Misdemeanor: up to 1 year in county jail.
- Felony: 16 months, 2 years, or 3 years in county jail under Penal Code 1170(h).
- Fine: $1,000–$10,000.
- Wobbler offense:
Sentencing Enhancements
- Attempted Premeditated Murder Enhancement
- Confirms life sentence with parole possibility.
- Firearm Use/Discharge (PC 12022.53 – “10-20-Life” Law)
- +10 years for using a firearm.
- +20 years for firing a firearm.
- +25 years to life if great bodily injury or death occurred (not applicable here since victim survived without gunshot wound).
- Offense While Out on Bail (PC 12022.1)
- Adds 2 years consecutive to the base sentence.
Realistic Outcome
- If convicted on all counts and enhancements:
- Life in prison with possibility of parole (for attempted premeditated murder).
- Plus 10–20 years for firearm use/discharge enhancement.
- Plus 2 years for committing the crime while out on bail.
- Assault and possession charges likely merge or run concurrently, but they can add extra years if imposed consecutively.