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  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Default Misdemeanor Assault Charges

    Hi,
    Im an airline pilot based in the uk , I was recently in LA in a club where a bouncer became aggressive toward me so I slapped him across the face.

    I left the club and while waiting out side was pulled by the police - the bouncer made a citizens arrest . I was held for 6 hours - for being drunk and then released - however I was given a court date - the cop said it would probably come to nothing given that I live in the UK

    I dont mind appearing and will plead guilty - I did slap the guy - there wasnt a mark on him ! I was expecting a good kicking - not for him to go crying to the police !

    Anyway - does anyone know if I have this on my record - will it affect my ability to come into th USA as I fly in regularly

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Misdemeanor Assault Charges

    LA is Los Angeles? Louisiana?

    I would suggest getting a lawyer and trying to get the charge reduced or dismissed (perhaps conditionally), to minimize its potential impact on your career. I'm assuming this is a 90-day misdemeanor (or something similar) and not a crime of moral turpitude; if so, it's less likely to have a significant immigration impact, but as is frequently pointed out any criminal conduct can potentially have an effect on what happens at the border.

  3. #3
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Misdemeanor Assault Charges

    Hi Thanks for the reply

    The cop read me my rights but said he wasnt arresting me - he said he was going to try and talk the bouncer out of taking it further but was unsuccesful.

    I got a piece of paper which doubled as a traffic offence form - it basically is a tick in a box indicating misdemeanor.

    I happened in Los Angeles.

  4. #4
    Join Date
    Mar 2007
    Location
    California
    Posts
    3

    Default Re: Misdemeanor Assault Charges

    From my recent experience (see my post) and recent reading (not an expert) if this was in CA the bouncer may have committed an assault and you may have committed battery. In my case, the police basically called it a 'wash' unless one party was willing to do a 'citizen's arrest. Hope this helps...Good luck.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Misdemeanor Assault Charges

    I doubt that the bouncer committed any sort of criminal offense, or that the police would have any interest in prosecuting it. The distinction between "assault" and "battery" is largely a civil issue, whereas the typical criminal statute addresses them as the single offense of "assault and battery".

    California defines an assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." There is no indication given of any unlawful attempt by the bouncer to commit a violent injury on the OP, even after he was slapped.

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