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Is it a Defense to Battery that the Victim Intruded on Your Personal Space

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  • 11-24-2014, 07:11 PM
    BATTLESTAR
    Is it a Defense to Battery that the Victim Intruded on Your Personal Space
    My question involves criminal law for the state of: California

    My son got into a fight at his university at USC in Los Angeles California. Apparently another boy walked up to my son in a threatening manner, right in my son's face and my son punched that boy in the face. My question is this. Can my son get into trouble becuz of this? That boy had 4 witnesses that say my son started the fight. My son has 1 witness that says what I just described. How does it all work? Is it justifiable to defend yourself if someone enters your personal space? Does 4 witnesses to one witness outweigh the one witness?
  • 11-24-2014, 07:14 PM
    Disagreeable
    Re: My Son Got into a Fight
    CA has no personal space laws, nor does it define an area as personal space except in relation to housing laws. Your son physically assaulted someone because he did not like their location.
  • 11-24-2014, 07:21 PM
    Dogmatique
    Re: My Son Got into a Fight
    Quote:

    Quoting BATTLESTAR
    View Post
    My question involves criminal law for the state of: California

    My son got into a fight at his university at USC in Los Angeles California. Apparently another boy walked up to my son in a threatening manner, right in my son's face and my son punched that boy in the face. My question is this. Can my son get into trouble becuz of this? That boy had 4 witnesses that say my son started the fight. My son has 1 witness that says what I just described. How does it all work? Is it justifiable to defend yourself if someone enters your personal space? Does 4 witnesses to one witness outweigh the one witness?

    4 witnesses to testify against him.
    His side of the story (which doesn't actually help him if it's basically "He was walking towards me")

    We don't punch people because they're stroppy brats. There is no threat present. Perhaps more to the point though, who was it who taught your son that he does have the right to physically assault someone who's messing with his head?
  • 11-24-2014, 07:23 PM
    BATTLESTAR
    Re: My Son Got into a Fight
    How about my witness question? How does the system for witness testimony work out in numbers? One witness vs three. My son had one witness vs the three of the other boy
  • 11-24-2014, 07:39 PM
    Dogmatique
    Re: My Son Got into a Fight
    Let's reverse it.

    If the other kid had 1 witness, and your son had 3 witnesses...how would you feel?
  • 11-24-2014, 08:03 PM
    cdwjava
    Re: My Son Got into a Fight
    Were the police even called? You make no mention of that.

    If a report is filed and the victim wishes to pursue criminal charges against your son, the report will be forwarded to the DA or the City Attorney as appropriate. The prosecutor will then make a decision whether mediation or criminal charges are appropriate, or, if they will drop the matter entirely.

    If your son is cited into court, receives a summons, or is arrested, he should seek the advice of legal counsel ASAP. If the matter goes to trial, the trier of fact (the jury, or, a judge in a court trial) will decide on the credibility of the witnesses. Numbers don't matter so much as believability (which goes hand in hand with bias - friends of the parties giving conflicting stories in support of respective friends will not be given too much credibility.

    But, as has been stated, your son struck first. He has no claim for self defense because a guy got close to him.
  • 11-24-2014, 08:07 PM
    Disagreeable
    Re: My Son Got into a Fight
    All testimony will be taken and evaluated. Any discrepancies will be explored. Witnesses/participants who come up with versions which are consistent and follow the pattern of evidence will be considered credible. Charges will be taken to court on the strength of the prosecutors case. It might be possible for your sons lawyer to negotiate a plea to a lessor charge or several other scenarios could play out. If he wants the best outcome, it is usually achieved by exercising your right to remain silent, obtaining a lawyer and regardless of the evidence not voluntarily pleading guilty unless you receive something worthwhile in return.

    Quote:

    Quoting BATTLESTAR
    View Post
    How about my witness question? How does the system for witness testimony work out in numbers? One witness vs three. My son had one witness vs the three of the other boy

  • 11-25-2014, 10:46 PM
    BATTLESTAR
    Re: My Son Got into a Fight
    Thank you all so much for your advice. Yes there was a police report and my son's incident was sent to the District attorney or city attorney, I'm not sure. They both sound scary to me and I'm a bit worried becuz we have spent far too much on his tuition and apparently those are going up now. Should we tell him to remain silent then?

    - - - Updated - - -

    Okay so my son attended a hearing of some sort and was handed an "appearance ticket". What is this & what exactly does it mean??? If our son is convicted, what can he do during trial or after trial to get a lower sentence?

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    Why am I being ignored here?
  • 11-25-2014, 10:55 PM
    cdwjava
    Re: My Son Got into a Fight
    People here have lives and are volunteers. We can't answer everything in a timely manner.

    No one can predict what will happen. If he attended a hearing, was it at court or with the DA or a city attorney? If with a prosecutor, it was likely a mediation and if there was either no successful mediation or the victim insisted on pursuing criminal charges, that would have resulted in the appearance ticket requiring him to go to court for arraignment.

    If he is charged with battery (PC 242) he needs to consult an attorney as a conviction can result in jail time (though it will generally result in a fine and probation). About all he can do to minimize the impact of it might be to accept any plea offer made by the prosecution (after he speaks with and obtains legal advice from an attorney). He can try for a trial and hope to prevail, but, that's up to him.

    It is also possible that the prosecutor (be it DA or city attorney) will not pursue the matter. Time will tell.
  • 11-25-2014, 11:19 PM
    BATTLESTAR
    Re: My Son Got into a Fight
    First, please forgive me for my statement. It was not meant in anger, but you cannot hear the voice behind the words. :) I read that these hearings are becuz they want to settle out of court, yet they are also becuz the DA and or City attorney wants to get him to talk more to help them build their case against him. Which one is true?

    - - - Updated - - -

    I also read that the maximum fine for a P242 is $2000. My son has never been convicted of anything. Will they fine him $2000 or how does that work?

    - - - Updated - - -

    We will no doubt have to pay it

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    What is the difference between a DA, City Attorney and prosecutor???

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    Sorry for so many questions, I find this all very intense and I am trying to find my way
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