Legal Question in Criminal Law in California

1. i was in back seat reading a newspaper with my son in the front seat and my wife in the grocery store.

2. a woman and man with tattoos and black leather jackets come to the car to very loudly yell thru the open front window: f*g man,f*k u, yr f*g car is over the white line.

3. i felt sudden danger to my son with his window open.

4. i came out and said 'i will move it'

5. my son came out and moved the car, without responding back to their loud assault.

6. i ask the man 'what is your problem, what do you want'

7. he said 'f* u'

8. i went back into the car and closed the door.

9. the woman yelled f*g d*k

10. a few minutes later, my wife came back to the car. she backs out and starts driving away

11. the man suddenly appear against the backseat window where i was sitting and flip the bird staring at me, gesturing wildly, yelling and swearing loudly again.

12. i came out, asking what do you want, are you fighting or something

13. he said: yea, why don't u punch first

14. i said no

15. he kept up verbal abuse and not backing away from the car in the middle of the parking lot

16. i felt very intimidated, emotionally threatened by their physical proximity and behavior

17. he appears very aggressive and non-stop swearing,i thought i was about to be attacked

18. to prevent actual personal assault or damaging to the car by possibly his throwing rocks or breaking the windows

19. i preemptively slap his right cheek lightly and tell the woman to 'watch your foul mouth'

20. his dark glasses fell to my feet

21. my son and my wife came out of the car and a bystander came between the man and me

22. i stepped back to allow him to pick up his glasses intact.

23. he immediately resumes swearing and acts aggressively again

24. i walk away and we drove away

25. he continue with loud verbal abuse

26. the woman was recording the incident on her cell phone and filing assault charge

May i know

1. the police is looking for me, should i appear with my attorney

2. what are my chances since the light slap is not physically serious

Asked on 10/24/13, 2:45 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin
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As a Former Deputy District Attorney with over 25 years behind me, its a sure bet that the story you just recounted is NOT the version that they got from the other parties. You should NEVER speak to law enforcement when you are the SUSPECT of any crime. You should contact an attorney to speak for you. I wish you well..........David Wallin

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10/24/13, 2:55 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro
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I agree with Mr. Wallin. The amount of the injury is generally immaterial, other that to the DA when he/she decides to charge it as a felony or a misdemeanor. You definitely need an attorney. It sounds like you may have a valid self defense claim. Under no conditions should you talk to the police. Let your attorney do the talking. If the police approach you prior to your getting an attorney refuse to talk to them. You have an absolute right under the Fifth Amendment.

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10/24/13, 6:01 pm
Joe Dane Law Office of Joe Dane
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Do NOT under any circumatances make a statement to the police without talking to your attorney first. This was recorded, so if your statement doesn't match, they will think you are lying and the aggressor and therefore guilty. I'm going to bet the video doesn't capture even half of what you describe.

You could be charged with a simple battery, assuming there are no injuries. There are other potential crimes (415 for challenging to fight, 422 if they allege you made a threat, etc).

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

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10/24/13, 10:02 pm

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