What Happens if You're Accused of Battery

My question is in California: I have a 25 yrs old nephew who have a background of using drugs and alchohol. He is always angry saying "F" words to elders and no respect or what so ever including his mom. Were celebrating my moms Mothers Day and show up late and as usual came with attitude saying his famous "F" words again in front of me and I have enough of his so I confronted him and almost run into fight. I did throw my hand of him to slap his face to give him a lesson but I just got a little bit only in his side of the forehead. Me and my wife left to avoid it getting worse.
When we got home his sister told my son that he will file a complain againts me for assulting him. Let say he will do complain since he is not in the right mind even thou I am the one sponsored their family so they can come to USA from the other country, what will happen then? What is the procedure and how do I depend from this crazy nephew? Is my action consider as assault or family matter? Worse come to worse how bad this will end up with?

If your nephew reports the incident to the police, they are likely to do some amount of investigation before deciding if they should refer the matter to a prosecutor for review. Sometimes charges are leveled based upon the report of the victim, so we cannot promise whether you'll receive any notice before charges are authorized. If you are contacted by the police for a statement, or find out that there is a warrant, you should get a criminal defense lawyer before making any statements.

You need to refrain from hitting people.

Yes, this is the misdemeanor crime of battery (PC 242). It is a lesser offense and may be pursued if the victim wants to follow through with it. Since it did not happen int he presence fo the officers, the victim will be the one attending all the hearings and he will have to take time out to pursue the matter with the DA should t go that far.

However, it's very likely that the DA will not consider filing in such a matter if he has the whole story. Whether he HAS the whole story or not will depend on who else the police may have spoken to.

Thanks for all of your responses.

Also is there a time limit if my nephew decided to report to the police after 1, 2 weeks or months later after the incident? Validity of the his story to be accepted by the police like expiration? Another thing that I forget to mention, during that incident he kick the chair towards me and i got hit in my left knee that left a big bruise/pain. So incase he file a complain, I can also file that he assulted me with that chair?

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Quoting Myles

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Thanks for all of your responses.

Also is there a time limit if my nephew decided to report to the police after 1, 2 weeks or months later after the incident? Validity of the his story to be accepted by the police like expiration? Another thing that I forget to mention, during that incident he kick the chair towards me and i got hit in my left knee that left a big bruise/pain. So incase he file a complain, I can also file that he assulted me with that chair?

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The longer he takes to report it, the less likely his report will be taken seriously. Memories will fade, witnesses will disappear or be harder to get a hold of, etc.

And, yes, if he makes a report you can give your statement. Though whether it will do much more than admitting to hitting him is hard to say. Your statement and admission of a fight could be used against you as well as him.

If I had to bet, I'd say the police are not going to be too excited about this and neither is the DA.

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Quoting Myles

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during that incident he kick the chair towards me and i got hit in my left knee that left a big bruise/pain. So incase he file a complain, I can also file that he assulted me with that chair?

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If you are approached by the police, don't say anything, don't file anything, don't admit to anything, just keep your mouth shut.

Watch this video and you'll understand why your own response or counter-allegation can be your undoing.

https://www.youtube.com/watch?v=6wXkI4t7nuc

I really appreciate your responses and it kind give me and my wife a little peace of mind, thank you very much and I will take your advises to hold on my hand and put in my pocket if I encounter any confrontation in the future.

Lastly, how do I know if he actually file charges on me, how long it will take? Do I received a subpoena or the police will knock on my door? Again thank you..

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Quoting Myles

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I really appreciate your responses and it kind give me and my wife a little peace of mind, thank you very much and I will take your advises to hold on my hand and put in my pocket if I encounter any confrontation in the future.

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Always the best bet. Peace.

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Lastly, how do I know if he actually file charges on me, how long it will take? Do I received a subpoena or the police will knock on my door? Again thank you..

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The state has one year to file misdemeanor criminal charges ... IF they choose to, and I doubt it will happen. if it does happen, it would likely NOT occur until after the police talked to you. However, if you decline to talk to them (as is sometimes a good idea) then they will have only ONE version of events and that can result in the arrest you would dread.

There are two ways that they might choose to bring you in if the DA files charges with the court. One, they can issue you a Summons. This is essentially a document that is mailed to you ordering you to appear. It is much like a traffic notice, and think of it as a courtesy notice that you ignore at your own peril. The second option is to seek an arrest warrant. if that happens, they probably won't come hunting you down for a misdemeanor, but, you might find yourself contacted for nothing (a traffic stop, as a witness, or even a victim of a crime) and then arrested for the warrant.

If I got Summons, before i appear to the court, is it a good idea to talk or hire a lawyer? Thanks again

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Quoting Myles

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If I got Summons, before i appear to the court, is it a good idea to talk or hire a lawyer? Thanks again

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If you are charged (which you would be if you received a summons) then, yes, it would be a good idea to speak to an attorney. It might also be a good idea to talk with an attorney before the police speak to you. But, as I previously mentioned, if you do NOT talk to the cops then they will have only one version of events to work off of.