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  1. #1
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    May 2009
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    Default Police Visit for Assault and Battery

    My question involves criminal law for the state of:

    State of California


    A kid consistantly bullies my son. They are on the same sporting team. I help coach sometimes. I pulled the kid out of the game for doing the same while the game goes on. My son has Adhd. The kid screams what are your going do beat me.. !!!!! I did not respond but told another coach to talk to the kid about leaving my kid alone. I have advoaded the kid ever since.

    Last weekend. After a game the kid is taunting my kid while setting and waiting for another game. I was 20 ft talking to another parent. My wife was standing next to my son and called my name and I told the kid and his friend to knock it off. The kid screams to the top of his lungs what are you gonna do beat me !!!! This time I said no im going to let you talk to the police about it. My son moves to gather his gym bag and the kids balls his fist in a rage to hit him. I moved quickly to get in between them. It happend so fast. The kid hit me twice. Another guy got in between me and the kid. I did not hit the kid I was trying to keep my son from getting hit thats all.

    The Police came to my home while I was not there. My daughter called me to say that they were in the house discussing what happen with my son. My kids are 15 and 13 years. I rushed home to find them in my home talking to my son. My son has ADHD and sometimes does not understand things.

    Can they enter my home ??? WIithout the parents there? My kids know better but they were scared. I talked to police and they said a complaint has been filed against me for assualt. They said I pushed him. I was not read my rights or any thing. However, I talked to them anyway. I have only one story.

    Im kind of worried as I have never been in troubled and we are high networth people... I WANT TO SEEK OUT A LAWYER BUT DONT KNOW WHAT GOING TO HAPPEN OR WHAT TO ASK.


    Thanks and we have quite the team.

    FYI, the coach the runs the team was not there and the kids parents are never present.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Police Visit for Assault and Battery

    I WANT TO SEEK OUT A LAWYER BUT DONT KNOW WHAT GOING TO HAPPEN OR WHAT TO ASK.
    sounds like a really good idea. He will tell you what may happen and what to ask? Not sure what you mean.

  3. #3
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    May 2009
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    5

    Default Re: Police Visit for Assault and Battery

    I need an idea if I was correct in protecting my son. I had no choice and I did only use enought movement to back the kid off my son. Is this considered battery or assult ?

  4. #4
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    Default Re: Police Visit for Assault and Battery

    240. An assault is an unlawful attempt, coupled with a present
    ability, to commit a violent injury on the person of another.
    242. A battery is any willful and unlawful use of force or violence
    upon the person of another
    692. Lawful resistance to the commission of a public offense may be
    made:
    1. By the party about to be injured;
    2. By other parties.


    693. Resistance sufficient to prevent the offense may be made by
    the party about to be injured:
    1. To prevent an offense against his person, or his family, or
    some member thereof.
    2. To prevent an illegal attempt by force to take or injure
    property in his lawful possession.



    694. Any other person, in aid or defense of the person about to be
    injured, may make resistance sufficient to prevent the offense.
    those are sections of the California Penal Code. While you may have committed an assault, it appears you do have a defense to the charge, if all is as you present. Of course, the other folks do have a different story and whomever is believed will prevail.

  5. #5
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    Default Re: Police Visit for Assault and Battery

    Thanks, but can the police enter your home and talk to under age kids without the parents being home. They did not read any rights to me or my kids. I have only one story and pretty much most of the people saw what happened. However, the class of people are encouranging the kid to go for the money !!!

    By the way my son is trained to walk away. Thats why he started to face away from the kid and grab his bag and move..

  6. #6
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    Aug 2007
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    Default Re: Police Visit for Assault and Battery

    Quote Quoting jackdog
    View Post
    Thanks, but can the police enter your home and talk to under age kids without the parents being home. They did not read any rights to me or my kids.

    The police business here was one of investigation, NOT a search. IF we are talking about a consent to search without a warrant, then it may be questionable if a 15 year old can give it.

    On a professional basis, yes, they should have waited until a parent was home, IMO, but it was legal, yes.

    It's not required that rights be read, as 2 elements apply, custody AND interrogation, the kids, nor you, were "in custody" in your own home from voluntary questions and answers.

    If you are high net worth peeople, your attorney will ask what Q's he needs to ask you for defense purposes.

  7. #7
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    Default Re: Police Visit for Assault and Battery

    Quote Quoting BOR
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    It's not required that rights be read, as 2 elements apply, custody AND interrogation, the kids, nor you, were "in custody" in your own home from voluntary questions and answers.
    .

    One can be in custody while in their own house. Anytime a person is not free to leave (or end the interrogation in this situation) they are in custody. It may be harder to make the claim but it is still there.


    the more important justification here is not that there was custody or not but was the person questioned a suspect in the case or merely a witness. If merely a witness, there would be no reason to mirandize.

    actually, the only time one must be mirandized is if the prosecution intends on using your statements or products that result from your statements in court. Lack of Miranda does not shoot them in the foot.

    jackdog; as long as they did not force their way in to the residence (your son did let them in, yes?) they did nothing wrong. Contrary to popular belief, there is generally no requirement the police notify a parent before questioning a minor, especially if the child is merely a witness.

    Honestly not real sure about what you keep saying "go for the money". We are talking about a criminal case and investigation. There is no money it that.

    As to a civil case, with no damages and if what you say is correct, there is nothing to sue you for anyway.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Police Visit for Assault and Battery

    If the kid struck you, it would appear that he committed the crime of battery (PC 242). However, depending on his age he may not be capable of forming the requisite intent to be legally culpable in committing a crime in CA.

    Apparently, though, the other kid or his parents called the cops and are accusin you of battery on the kid? Is that the case?

    Quote Quoting jackdog
    View Post
    Thanks, but can the police enter your home and talk to under age kids without the parents being home.
    If invited in, sure. No law in CA requires that kids be interviewed in the presence of their parents.

    They did not read any rights to me or my kids.
    Miranda rights are required only when you are both in custody and being interrogated. Since neither you nor your children were in custody, this interview would appear to be part of the initial investigation which tends to be outside the scope of Miranda.

    I have only one story and pretty much most of the people saw what happened.
    Give the police the names and contact information for every witness you can think of.

    However, the class of people are encouranging the kid to go for the money !!!
    And just what "class of people" are these? And what kind of money can they be going for?


    - Carl

  9. #9
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    May 2009
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    5

    Default Re: Police Visit for Assault and Battery

    Eye opening responses. My kids got a good talking too about letting anyone into our house. They must call first.

    I did not look around for witnesses. It happen so fast. My wife, daughter and a good friend of mines was there. My response and story will not change. The police already said that my sons story was pretty much the same. I did not speak to my son about what to say or what happend. I just did not want him to get hurt thats all. I would have done this for any other child.

    Who ever you are your responses are in concert with California law. Thanks. However, I just followed my insticts as I did not have time to read the law and then react. lol

    I think every parent should research the assult and battery laws and discussed this with there children. It appears that those kid and adults who know the law has a clear advantage. I will let you know how it turns out.

  10. #10
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    Sep 2005
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    California
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    Default Re: Police Visit for Assault and Battery

    Quote Quoting jackdog
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    Who ever you are your responses are in concert with California law. Thanks.
    I would hope so - it's what I do for a living!

    - Carl

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