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How to Prove Self-Defense to Battery

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  • 03-18-2013, 01:04 PM
    mb30
    How to Prove Self-Defense to Battery
    My question involves criminal law for the state of: California (I have no prior incidents)

    My girlfriend and I were both Ticketed for PC 242 "battery". We attended a concert with some friends and one decided to urinate in a bush on the outskirts of the venue. A staff member for the concert witnessed this and came over, VERY angry. The staff member put him in a headlock and started dragging him out of the concert. I walked over very calmly and asked the if he could please let him off with a warning as he was dragging him out. As I said that my friend broke free of the headlock and ran off. The Staff member was IRATE about this and put me in a headlock and started dragging me out. I have bad neck and back problems (compressed nerves) that I have Doctors proof of and currently in physical therapy for. I told him to let me go with no luck, I reversed his headlock and we scuffled on the ground for 30 seconds. He started to throw punches and I was able to block. My girlfriend ran over yelling and crying hysterically, he pushed her and she fell to the ground. She got up and kicked him a few times to let me free and (5) other staff members ran over and stopped this whole mess ( Once again by putting me in another headlock ). Sheriff's got called over staff radios, they spoke to all 5 staff members, not me. My girlfriend and I both got ticketed for Battery pc242 and thrown out of the concert. We were both happy to be going home. We were EXTREMELY cooperative with Law enforcement officers.

    Do we have any chance for a successful defense? Staff was definitely the aggressor. I defended myself with "like" force and No one was injured.
  • 03-18-2013, 05:41 PM
    cdwjava
    Re: Ticketed for Pc242 Battery in California, Can I Prove Self Defense
    Quote:

    Quoting mb30
    View Post
    My question involves criminal law for the state of: California (I have no prior incidents)

    My girlfriend and I were both Ticketed for PC 242 "battery". We attended a concert with some friends and one decided to urinate in a bush on the outskirts of the venue. A staff member for the concert witnessed this and came over, VERY angry. The staff member put him in a headlock and started dragging him out of the concert. I walked over very calmly and asked the if he could please let him off with a warning as he was dragging him out. As I said that my friend broke free of the headlock and ran off. The Staff member was IRATE about this and put me in a headlock and started dragging me out. I have bad neck and back problems (compressed nerves) that I have Doctors proof of and currently in physical therapy for. I told him to let me go with no luck, I reversed his headlock and we scuffled on the ground for 30 seconds. He started to throw punches and I was able to block. My girlfriend ran over yelling and crying hysterically, he pushed her and she fell to the ground. She got up and kicked him a few times to let me free and (5) other staff members ran over and stopped this whole mess ( Once again by putting me in another headlock ). Sheriff's got called over staff radios, they spoke to all 5 staff members, not me. My girlfriend and I both got ticketed for Battery pc242 and thrown out of the concert. We were both happy to be going home. We were EXTREMELY cooperative with Law enforcement officers.

    Do we have any chance for a successful defense? Staff was definitely the aggressor. I defended myself with "like" force and No one was injured.

    You will have to bring this up to your attorney as he will be the one to try and raise this as a defense. Without knowing what the security person or other witnesses have to say, it is impossible to say whether or not your claim of self defense will have any merit. I do find it hard to believe, however, that you were removed in a "headlock" ... that is a very awkward position to move someone along in as it requires one or both of you to be hunched over. Did he actually have you hunched over with your head in the crook of his arm?
  • 03-18-2013, 06:09 PM
    mb30
    Re: Ticketed for Pc242 Battery in California, Can I Prove Self Defense
    Quote:

    Quoting cdwjava
    View Post
    You will have to bring this up to your attorney as he will be the one to try and raise this as a defense. Without knowing what the security person or other witnesses have to say, it is impossible to say whether or not your claim of self defense will have any merit

    This information will be available for me to review through "discovery" or a copy of the police report correct?

    - - - Updated - - -

    definitely awkward. I was backwards, hunched over, and being pulled out. This lasted for about 5 seconds and was not the smoothest way to remove someone out who was not trying to resist him at all.
  • 03-18-2013, 06:17 PM
    cdwjava
    Re: Ticketed for Pc242 Battery in California, Can I Prove Self Defense
    Quote:

    Quoting mb30
    View Post
    This information will be available for me to review through "discovery" or a copy of the police report correct?

    It will certainly be available to your attorney who can then make it available to you, but it probably will not be provided to you, directly.

    Quote:

    definitely awkward. I was backwards, hunched over, and being pulled out. This lasted for about 5 seconds and was not the smoothest way to remove someone out who was not trying to resist him at all.
    An unusual method of removal, I would say. But, whether it would be sufficient to justify a claim of self defense, I cannot say. You do not generally have the right to physically resist a detention
    made pursuant to an arrest (even a private person's arrest), but if the force used is unreasonable or excessive then you might have a valid claim. Only your attorney will be in a position to decide if this is a viable claim to press or not.
  • 03-18-2013, 07:45 PM
    mb30
    Re: Ticketed for Pc242 Battery in California, Can I Prove Self Defense
    Quote:

    Quoting cdwjava
    View Post
    You do not generally have the right to physically resist a detention
    made pursuant to an arrest (even a private person's arrest)

    I appreciate all your help! It's very nice of you to help out complete strangers. I thought the security guard, just like a private citizen, would have to witness me commit a crime in order to detain me. Also, in your city or county what are my chances of the DA dismissing this or possibly lessening the charge. I understand you do not know all the facts or evidence.
  • 03-18-2013, 09:18 PM
    cdwjava
    Re: Ticketed for Pc242 Battery in California, Can I Prove Self Defense
    Quote:

    Quoting mb30
    View Post
    I thought the security guard, just like a private citizen, would have to witness me commit a crime in order to detain me. Also, in your city or county what are my chances of the DA dismissing this or possibly lessening the charge. I understand you do not know all the facts or evidence.

    Apparently the staff member witnessed you striking/pushing him or someone else and that was what gave rise to the PC 242.

    Without knowing all the facts, it is impossible to say what a DA might do. if the staffer had no good reason to put you in a headlock (i.e. to protect himself or overcome resistance) then i can see the DA not filing on the matter. But, we don't know what the justification was for the staffer's actions.
  • 03-19-2013, 12:17 AM
    souperdave
    Re: Ticketed for Pc242 Battery in California, Can I Prove Self Defense
    Quote:

    Quoting mb30
    View Post
    ..........I thought the security guard, just like a private citizen, would have to witness me commit a crime in order to detain me...........

    Normally very true. But in your instance you saw fit to act in a way that looks to have been perceived as interfering/obstructing. Whether or not this aided the pisser's escape is unknown by what you describe as you are undoubtedly slanted toward vindicating yourself.

    Had you left well enough alone, you may very well have made an excellent witness if it was, in fact, excessive force being used at the time.
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