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Assault and Battery Charges in California

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  • 03-13-2006, 08:30 PM
    JacobR
    Assault and Battery Charges in California
    Hey guys. A few months ago, a guy who will remain anonymous, had taken advantage of my girlfriend. She admitted that he took advantage of her to me, so I reacted rather hastily. I let the air out of his tires (I dont think that's illegal) and spit on his face at his work. Now I know I messed up there, wish I hadn't done it but what's done is done. So that day he pressed charges on me for Assault and Battery. My court date is soon, and so far I made a statement of where I stood in regards to him before and after the incident happened, and why I did what I did. I honestly did it in sheer protection of my girlfriend, a sort of "stay away" kind of message, with no wanton disregard of his safety. Please help me out any way possible, I'm a student in college (19yr. old) and really screwed up. Any advice? What am I likely facing? = (
  • 03-14-2006, 05:23 AM
    Mr. Knowitall
    Re: Assault/Battery Charge, San Jose
    Quote:

    Quoting JacobR
    I let the air out of his tires (I dont think that's illegal)

    It is.

    Quote:

    Quoting JacobR
    I honestly did it in sheer protection of my girlfriend, a sort of "stay away" kind of message, with no wanton disregard of his safety.

    That's not a valid reason to spit in somebody's face. If you felt that your girlfriend was in danger, you should have gone to the police.

    Consult a lawyer, and see if you may be able to negotiate a deal which would allow you to avoid a criminal conviction.
  • 03-14-2006, 11:04 AM
    JacobR
    Right... well from my prior knowledge, it wasn't illegal. Thanks for informing me. Apparently according to my parents, I have an anger problem, is there a possible method of going through anger-management as a sentence? My record is clean, at the time I was very emotional and running on like no sleep. I chose not to hit him, but this is what happened instead. My girlfriend may press charges on him for abuse or harrassment, so that's the severity of it. I know to contact my attorney or public defender but I'm still unclear on the process or outcome.
  • 03-14-2006, 11:27 AM
    cdwjava
    Quote:

    Quoting JacobR
    Right... well from my prior knowledge, it wasn't illegal.

    What was the source of this prior knowledge?

    It CAN be criminal.

    Quote:

    My girlfriend may press charges on him for abuse or harrassment, so that's the severity of it.
    What exactly is the nature of this "abuse or harassment"? If it is verbal, it is quite likely that it is not criminal. There is no crime of "harassment" in CA. If he has physically assaulted her, then the police may have something to go on.

    - Carl
  • 03-14-2006, 12:34 PM
    JacobR
    My prior knowledge was highschool, I graduated last year. The administrators and police said we could let the air out of the tires of those who parked in "senior" parking, haha. Big deal, the guy put air back in his tires and drove off... air IS free you know.

    The incident with my girlfriend is that she was over at his house when he made some moves on here, secluded in his bedroom. She told him no, and he kept going. Of course I toned the situation down a bit, but you get the idea. That of course would make anyone angry upon finding it out, especially since she was scared. I mean come on guys, anyone who is 19 years old and their girlfriend of three years gets taken advantage is going to react to a situation violently whether upon the individual through force or words... it's common sense. You don't really think about the law when you are overcome with emotion.
  • 03-14-2006, 12:38 PM
    cdwjava
    Uh ... what was she doing in his house and in his bedroom? Are you sure she just wasn't making excuses to you about why she was there?

    If she WAS assaulted and he did fondle, grope, or try to have sex with her against her will, these are crimes in CA and she should call the police.

    - Carl
  • 03-14-2006, 09:21 PM
    JacobR
    Yeah, all my information was correct from her part, it was verified by the other guy. She's Christian, known her for three years, never lied. The thing is, this whole court situation was supposed to be avoided; the guy pressing charges told the police he would contact me in an effot to settle it outside court. He never did, so I spent the past two or three months trying to get in touch with him, finally did and he said he refused to settle it out of court. I didn't understand this. Another thing, the police officers did not read me Miranda rights upon talking to me and I was too shook up at the time of arrival at my house I didn't know what to do. I was not arrested or anything... I have a clean record and I'm just hoping to avoid the worst in this. I have no idea what the outcome would be, but I do think I need anger management. I hope I'm not going to serve time in jail.
  • 03-15-2006, 04:29 AM
    cdwjava
    Unlike television, the police do not have to read you your rights until you are BOTH under arrest and being interrogated. If they did obtain a statement or evidence from you in violation of Miranda those things could be suppressed at trial. Chances are there was no such violation here.

    If you are charged with battery pursuant to PC 242, then you face the potential of jail time, a fine, and possibly probation. It is not likely you will be seeing the inside of a jail cell for more than a weekend (maybe a few weekends) unless you have priors.

    It would benefit you to consult with an attorney who can review all the circumstances (and reports) of your case.

    - Carl
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