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  1. #1
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    Mar 2011
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    Default Recourse Against Alleged Victim in Battery Case if Acquitted

    My question involves criminal law for the state of: California

    If a defendant for Battery (PC243(e)) is acquitted in a trial for insufficient evidence, is there any legal recourse the defendant can make against the alleged victim? Can the alleged victim be sued for attorney fees, etc?

  2. #2
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    Jan 2006
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    Default Re: Recourse Against Alleged Victim in Battery Case if Acquitted

    as long as what they reported to the police that resulted in the charges, no, there is absolutely nothing the defendant can do about it.

  3. #3
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    Default Re: Recourse Against Alleged Victim in Battery Case if Acquitted

    That's a slight overstatement, as it assumes a good faith report to the police; reports to the police of suspected criminal activity and testimony made in court in relation to alleged criminal activity will normally be privileged against a later defamation claim by the defendant. I can imagine contexts in which an intentionally false police report might result in grounds for legal action, but that would be a very rare situation.

    If you're talking about the charges made against your wife, you've told us that your claims were well-supported by neutral witnesses including a Sheriff's deputy, a court bailiff and an attorney.

  4. #4
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    Default Re: Recourse Against Alleged Victim in Battery Case if Acquitted

    Quote Quoting Mr. Knowitall
    View Post
    That's a slight overstatement, as it assumes a good faith report to the police;].
    Somewhere along the line I either didn't type something I intended to or edited it out accidentally prior to posting.

    This:

    as long as what they reported to the police that resulted in the charges
    was supposed to be followed by: was not fraudulent

    Heck, what I wrote didn't make any sense at all by itself. I need to proofread my posts better apparently.

  5. #5
    Join Date
    Mar 2011
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    13

    Default Re: Recourse Against Alleged Victim in Battery Case if Acquitted

    Everything reported to police by victim was factual. Yes there were other neutral witnesses and they made statements to police backing up victim's claim, AFAIK.

    I was just wondering as the defendant made legal threats against victim and witnesses earlier in the process.

  6. #6

    Default Re: Recourse Against Alleged Victim in Battery Case if Acquitted

    the defendant made legal threats against victim and witnesses earlier in the process.
    Were these reported to the DA? Tampering with or intimidating a witness is a separate criminal charge of its own.

  7. #7
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    Default Re: Recourse Against Alleged Victim in Battery Case if Acquitted

    If the witnesses were a lawyer, a court officer and a Sheriff's deputy, odds are the prosecutor was informed and that none of the witnesses were particularly intimidated. The big question is, how did the case manage to go down in flames at trial.

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