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Cited for Battery when I Was Defending Myself

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  • 05-24-2017, 02:36 AM
    Mommyuv4
    Cited for Battery when I Was Defending Myself
    My question involves criminal law for the state of: California

    So tonight we were at my sons baseball game. Something happened where there was a bad call by the umpire and the other teams parents were all yelling screaming and cussing at the ump. My littles ages 4,4, and 5 were aying on the playground next to all of this. I went over to get my boys off the play ground and while I was I told a group of people thats since they are nect to a pmayground they probably shouldnt cuss. Thats when a lady (around 30)jumped out of her seat and got in my face. I told her she better back away and when I said that her mom ran up to me and pushed me. When she pushed me I instinctively swung and punched her in her forehead. Long story a bit shorter I got cited with a misdemeanor batter because she had a lump and I only had a torn shirt. I can loose my job for this.
  • 05-24-2017, 03:38 AM
    adjusterjack
    Re: Cited for Battery when I Was Defending Myself
    Quote:

    Quoting Mommyuv4
    View Post
    I can loose my job for this.

    And you can spend some time in jail and pay a huge fine and have a criminal record.

    Hire yourself a criminal defense attorney ASAP.
  • 05-24-2017, 05:41 AM
    Taxing Matters
    Re: Cited for Battery when I Was Defending Myself
    I'm not seeing a compelling case for self defense here. She pushed you. Presumably you could have just backed away at that point to avoid further contact with her. Instead, you escalated the conflict by punching her in the head, a more forceful and damaging attack than what she did to you. In California, you have a good self-defense claim if all of the following are met:

    • It was reasonable for you to believe that you were in imminent danger of suffering bodily injury;
    • It was reasonable for you to believe that the immediate use of force was necessary to defend against that danger; AND
    • You used no more force than was reasonably necessary to defend against that danger.

    I have a hard time seeing a punch to the head as being “no more force than was reasonably necessary” to defend yourself from a simple shove, especially if you could have walked away from her so that you weren’t in danger any more. But then, I wasn’t there to see the exchange that took place.

    You really need to get an attorney to defend you on this battery charge. Maybe something you haven’t mentioned here would give you a good defense. A conviction on that can cause you a lot of trouble. You’ve already said it would cost you your job. It may also make it hard to find a new job if you get fired. And there is the possibility of fines, jail time, etc.

    The woman you hit might also sue you for damages from the injury she suffered from your punch.
  • 05-24-2017, 06:16 AM
    flyingron
    Re: Cited for Battery when I Was Defending Myself
    Retaliation and mutual brawling is not self-defense.
  • 05-24-2017, 08:53 AM
    qwaspolk69
    Re: Cited for Battery when I Was Defending Myself
    Quote:

    Quoting Mommyuv4
    View Post
    My question involves criminal law for the state of: California

    So tonight we were at my sons baseball game. Something happened where there was a bad call by the umpire and the other teams parents were all yelling screaming and cussing at the ump. My littles ages 4,4, and 5 were aying on the playground next to all of this. I went over to get my boys off the play ground and while I was I told a group of people thats since they are nect to a pmayground they probably shouldnt cuss. Thats when a lady (around 30)jumped out of her seat and got in my face. I told her she better back away and when I said that her mom ran up to me and pushed me. When she pushed me I instinctively swung and punched her in her forehead. Long story a bit shorter I got cited with a misdemeanor batter because she had a lump and I only had a torn shirt. I can loose my job for this.

    That is not self defense. So because she pushed you then your reaction was to punch her?

    https://www.wklaw.com/california-self-defense-laws/

    A jury is instructed to find you innocent of homicide, assault or other charges if you were acting reasonably under the circumstance. A reasonable circumstance under California Jury Instructions #505 and #506 means:
    ●You reasonably believed you were in danger of being injured or killed;
    ●You reasonably believed that you needed to use force to prevent this from happening; and
    ●You used no more force than was necessary to stop the threat.

    Now you can find a lawyer who may be able to get you off on this but I don't think you fall under any of those categories to justify what you did. You definitely used more force than was necessary to stop her. Your best bet would have been to have just walked away when she shoved you. Honestly you all were acting more childish than the kids on the field.
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