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  1. #1
    Join Date
    Feb 2015
    Posts
    7

    Default Claiming Self-Defense After Grabbing Somebody

    My question involves criminal law for the state of: California

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Battery or Self-Defense

    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.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Battery or Self-Defense

    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.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Battery or Self-Defense

    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.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Battery or Self-Defense

    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.

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