My question involves criminal law for the state of: California
I am currently looking for some answers to help my fiance in a case, he does not know what the charges are against him 100% but as of right now we speculate that it is battery against a minor. He is 23 years old, my younger sister who is 17 years old was bullying him around while my fiance was intoxicated and she was screaming in his face so he had pushed her by the face and she flew to the ground. No charges were made against him, he was taken to jail for the night just to sober up. My sister does have a violent history, she spent time in juvenile detention center for assault against my mother. Is there anyway we could use that in court against her and what should we expect as a punishment? I understand that it is a misdemeanor and can be punishable by a fine or imprisonment, but I am looking for solid legal advice. I hope for a reply, or my email is iamkmmy@aol.com. thank you
Battery Against a Minor
Printable View
-
02-08-2012, 10:30 AMiamkmmyBattery Against a Minor
-
02-08-2012, 11:14 AMviol8teRe: Battery Against a Minor
Her past has no bearing on his response to her. Even if an argument is made that she antagonized him, he has no right to respond in the manner that he did. The police report is not going to specify her actions. So, if he is going to be charged, it will be an uphill battle for him.
-
02-08-2012, 11:18 AMcdwjavaRe: Battery Against a MinorAs a note, battery is generally battery. It would be PC 242 (misdemeanor battery) for an adult versus a minor unless the adult is also responsible for the well-being of the child in which case abuse charges might also apply.Quote:
Quoting iamkmmy
If she lives with you and your fiance, and you two are responsible for her in any way, PC 273a(b) may also apply. It is a misdemeanor, but it is a charge for child abuse.
Do you and your fiance live with her and your parents? Does she live with you?
What was he doing DRUNK around your 17-year-old sister? You should never have exposed her to this!Quote:
He is 23 years old, my younger sister who is 17 years old was bullying him around while my fiance was intoxicated and she was screaming in his face so he had pushed her by the face and she flew to the ground. No charges were made against him, he was taken to jail for the night just to sober up.
I am surprised he was arrested for being drunk since it is perfectly legal to be plastered inside of a residence. Did he step outside at some point during the confrontation or to talk to the cops? Or, was he arrested for the battery charge and then released with a citation when he sobered up? Does he have a court date assigned?
What changes in his lifestyle has he made as a result of this? A court might be very pleased to see attendance in alcohol counseling or maybe even anger management if that is a problem as well.
The fact that she may have had a brush with the law at some time has NOTHING TO DO with the fact that your drunken lover knocked her to the ground! If he does go to court over this, the court will never allow her previous juvenile record to be brought up just to try and show that she hasn't always been a nice person. And, to what end? To show that she can be a real witch so she deserved to get knocked to the ground?Quote:
My sister does have a violent history, she spent time in juvenile detention center for assault against my mother. Is there anyway we could use that in court against her and what should we expect as a punishment?