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  1. #1
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    Nov 2010
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    Default Resisting Arrest After Assault

    My question involves criminal law for the state of: California

    My uncle lives with a woman who does not have custody of her children, but they visit every other weekend. This evening her 17 yr old son was being out of line with his mother, not physically- just being an ass. When my uncle went to speak with him, the boy was on his cell, and after refusing to get off, my uncle smacked the side of his head and the cell out of his hands. The boys sister called the cops, and my uncle left. When the police arrived they had the woman call my uncle, and he was told to return to the house. My uncle said, no not tonight, tomorrow is Thanksgiving. The police said there would be a warrant issued, and my uncle responded that he understood and would be in contact after the holiday.

    My question is- what can he expect to happen when he turns himself in, and what kind of sentence will he receive. He is 68 yrs old, with one domestic violence charge appx 25 yrs ago.

    Thanks

  2. #2
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    Default Re: Resisting Arrest After Assault

    Well first off there is nothing wrong with keeping a 17yr old in line. Guardians and parents are allowed to disipline their children. It comes down to the police wanting to talk to the Uncle to get his side of the story and since he is being difficult they now think he is in the wrong and will now seek action. If he would have just went there and spoke with the police the situation would have been resolved. Now he has to deal with this during the holidays and it is his own mistake. The police deal with children thinking they can run-a-muck all the time and as long as the childrens are not showing serious signs of abuse they commend the parents for standing up. Maybe next time he wont blow off the police as they are only there to help.

  3. #3
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    Default Re: Resisting Arrest After Assault

    I feel it could of went either way,you can never really tell. What would of happen if the sister and brother both said that the guy hit the kid and he not related to him at all,being in jail on thanksgiving would really suck. He wasn't required to speak to the police,maybe avoiding them will cause them to issue a warrant . Many times people shoot themselves in the foot and do more harm by opening his mouth. Now if he has a warrant he can turn him self in and not worry about being in jail during thanksgiving. Thursday is thanksgiving so no court,if he doesn't go to court or get bailed out on Friday then chances are he gonna spend at least four days locked up.

    "Maybe next time he wont blow off the police as they are only there to help. "
    Sometimes yes but it's their job to arrest any one who breaks the law. Many time cops get to people tell on themselves,where it would of been better just to stay quiet.

  4. #4
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    Default Re: Resisting Arrest After Assault

    Thank you for the responses. I agree that it could have gone either way, and although parents have the sympathy of cops when it comes to smart assed teens, its not nearly as clear when it is a "boyfriend".

    What's done is done- I would just like to know what we can expect at this point. A fine? Jail time? If he turns himself in, will they just issue him a notice to appear in court, or should we have bail ready? Will there be an increased punishment because he did not return as they requested?

    Thanks

  5. #5
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    Default Re: Resisting Arrest After Assault

    Quote Quoting Julie2
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    Well first off there is nothing wrong with keeping a 17yr old in line. Guardians and parents are allowed to disipline their children. It comes down to the police wanting to talk to the Uncle to get his side of the story and since he is being difficult they now think he is in the wrong and will now seek action. If he would have just went there and spoke with the police the situation would have been resolved. Now he has to deal with this during the holidays and it is his own mistake. The police deal with children thinking they can run-a-muck all the time and as long as the childrens are not showing serious signs of abuse they commend the parents for standing up. Maybe next time he wont blow off the police as they are only there to help.

    Physically disciplining a 17 year old is not generally seen as "acceptable" in family court and at least here, the police will certainly not commend parents who do so.

    In fact, I've seen assault charges levied against parents AND legal strangers (of which Uncle is one) who do so.

  6. #6
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    Sep 2005
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    Default Re: Resisting Arrest After Assault

    Quote Quoting Megor
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    My uncle lives with a woman who does not have custody of her children, but they visit every other weekend. This evening her 17 yr old son was being out of line with his mother, not physically- just being an ass. When my uncle went to speak with him, the boy was on his cell, and after refusing to get off, my uncle smacked the side of his head and the cell out of his hands. The boys sister called the cops, and my uncle left. When the police arrived they had the woman call my uncle, and he was told to return to the house. My uncle said, no not tonight, tomorrow is Thanksgiving. The police said there would be a warrant issued, and my uncle responded that he understood and would be in contact after the holiday.

    My question is- what can he expect to happen when he turns himself in, and what kind of sentence will he receive. He is 68 yrs old, with one domestic violence charge appx 25 yrs ago.
    Where is the "resisting arrest?" The only thing I see here is a misdemeanor charge for battery against the rude nephew.

    Obtaining an arrest warrant will take some time. IF the police forward the charges to the DA and IF the DA files against the uncle, a warrant or a summons might issue, but that might take weeks or a month or more.

    The uncle does not have to talk to the police. If the nephew really wants to be an ass, he can keep on the cops and insist on pursuing the matter to include forwarding it to the DA. Whether the DA will consider filing charges or not is a toss up. This is not the crime of the century and a DA may not pursue it given the circumstances.

  7. #7

    Default Re: Resisting Arrest After Assault

    Quote Quoting Megor
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    This evening her 17 yr old son was being out of line with his mother, not physically- just being an ass. When my uncle went to speak with him, the boy was on his cell, and after refusing to get off, my uncle smacked the side of his head and the cell out of his hands.
    First, you don't get to discipline children of ANY age, with a strike to the head. Period. Second, if the reason was anger over the kid talking on his phone, that rules out any potential arguement of the physical assault being in self defense. And finally, it's not going to impress a judge that this was a situation of parental control over a juvenile given that the uncle doesnt' appear to be married to the mother (ie not even a step-parent) and that the child doesn't reside with the accused. Most judges tend to frown on situations where boyfriends are dishing out discipline.

    Technically, he's looking at a misdemeanor which means up to a year in jail. But realistically, I'd expect that IF the state pursues that issue, they are much more likely to offer something like completion of an anger management course and probation rather than incarceration. But, mom ALSO needs to be prepared for the child's father to petition to make her son's visitation be supervised or at the father's home (or STOP visitation altogether unless there's a court order), rather than send the kid back under the roof of someone accused of a crime against him.

  8. #8
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    Default Re: Resisting Arrest After Assault

    Child abuse may involve physical abuse that causes injury. The most obvious types of physical child abuse include children who are beaten, burned, or shaken.

    Most police will not punish parents but commend them for keeping their children in line as most don't! All he did was hit the phone out of the teenagers hands and tap him on his head. I hardly say that is child abuse.

  9. #9
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    Default Re: Resisting Arrest After Assault

    Quote Quoting Julie2
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    Child abuse may involve physical abuse that causes injury. The most obvious types of physical child abuse include children who are beaten, burned, or shaken.

    Most police will not punish parents but commend them for keeping their children in line as most don't! All he did was hit the phone out of the teenagers hands and tap him on his head. I hardly say that is child abuse.


    Which "most police" would these be?

    In which States?

    Do you understand what "assault" is?

    Did you even read the thread?

  10. #10
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    Default Re: Resisting Arrest After Assault

    Quote Quoting Julie2
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    Most police will not punish parents but commend them for keeping their children in line as most don't!
    However... this isn't A PARENT nor is it, as you suggested earlier a guardian.

    This is some dude that this child's mother is sleeping with. A total and complete LEGAL STRANGER who has no business putting his hands on SOMEONE ELSE'S CHILD. However, the next time your neighbor smacks your child in the head... you remember exactly what you said in this post, because according to you, you see no problem with it.

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