Claiming Self-Defense After Grabbing Somebody

[futurel]

My question involves criminal law for the state of: California

[free9man]

You went hands on first by grabbing him. That does not give you the right to claim self defense for beating him up when he looks like he is going to defend himself from you grabbing him.

Yes, it was stupid to give the police your version without talking to an attorney first. Speak to an attorney forthwith.

[cbg]

am I guilty of battery?

You can't possibly be serious. By your own description of the events you'd have to have fewer brain cells than God gave the average rock not to know that the answer to that question is yes.

[Bubba Jimmy]

1. You need to discuss this with your lawyer before you discuss it with anyone else (including on public message boards)
2. S/he will advise you to negotiate the best deal you can get for a guilty plea, because...
3. You are guilty of the crime (and tort) of battery based on the facts you've related.


After that, you need to spend some time looking into the standards of behavior our society requires of citizens. You might end up in jail for a long time one day if you don't learn how the rest of society expects you to act.

[cdwjava]

Had you used force to try and detain him for the police on the charge of theft, you could probably claim self defense. As it is, you leave the matter open for interpretation and if you thumped the guy first, it's battery and NOT self defense.

Consult legal counsel. An attorney might be able to convince a DA to drop the matter or maybe even make this a disturbing the peace (PC 415) matter instead.