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  1. #1
    Join Date
    Sep 2016

    Default Battery Charge Filed Against the Victim of a Battery

    My question involves criminal law for the state of: CALIFORNIA.

    This situation is about a male in his mid twenties who had actually not hit or attempted to hit the opposing party, but was in fact the one who was being verbally abused, robbed, assaulted, and forcefully removed from his residence before being beaten up outside his own front door.

    Police were called to the residence and took statements from both sides. The male followed all orders from the police in a polite manner, where he in fact was provoked into an argument, who didn't want any trouble, doing his best to avoid confrontation from the opposing party(1person who is a roommate) by walking away from the person as he was continuously followed around the house. The opposing party persisted by attempts and threats of punches until the male decided to further avoid trouble by walking out of the house onto the front yard. There the opposing party locks the door so that the male cannot enter.

    The male patiently waits for the situation to cool or until the door unlocks so that he may have the right enter his residence. After a few minutes the opposing party walks out to the front yard and begins another intimidation tyraid but this time begins to violently grab, shove and strike the male with their closed fists �� . The males defense is only putting their hands up and their head away as they continue to hold and strike the male. A minor of the household runs in the middle of the two, begging for the abuse to stop, is then struck to the ground by the opposing party's violent offense.

    This continues for another ten minutes or so until police arrive and both parties are asked for statements.

    The opposing party states the male was the only aggressor, who instigated and provoked them into an argument. And that the male began to push and punch the opposing party, and punched the minor. Went on to say that the male was high on drugs, drunk, and mentally unstable.

    The male states exactly what had happened, as was described in this post. The male had not been on drugs, not had been drinking, and was clearly not mentally unstable. The male had never had a record for any drug or violent offenses, not under probation of any sort nor willful involving himself in suspicious or law breaking activities.

    The police file a report for Assault and Battery and Assault and Battery to a minor against the male. The male was then placed in handcuffs and told he needed to be mentally evaluated. The male, very polite yet overwhelmed by the beating, complies with the police's orders is then placed in the back of an ambulance and transported to a Mental Health Facility for evaluation.

    The opposing party is not booked, charged, or taken for any mental evaluation or crime but in the report is filed as the victim of Assault and Battery and so is the minor.

    The officers on scene were one female and one male.

    Was this a justified act? Where are the rights in this situation? How could this be prevented in the future if faced with similar situation?

  2. #2
    Join Date
    Oct 2006

    Default Re: Assault and Battery Report

    The best way for something like that to be prevented in the future, is for the male to stay completely away from that particular woman. The relationship is obviously toxic.

  3. #3
    Join Date
    Sep 2005

    Default Re: Assault and Battery Report

    We clearly do not know what the police were told and what they observed at the scene.

    Given the statement of two parties, one being male, and a child at the scene, I am assuming this is a DV situation, correct? As such, the police were encouraged to make an arrest of the party they believed to be the primary aggressor. Apparently, that was the male. (That's you, right?)

    A mental health evaluation prior to booking is NOT typical. In fact, it's exceedingly rare. As such, I suspect the police saw something in the male's behavior that caused them some concern for his mental state. But, fear not, if he is not found to be suffering from a mental illness, he can certainly face his criminal charges unfettered by the label of mental illness.

    The male should consult legal counsel and get the advice of his attorney so as to address these criminal charges as best he can.

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