Legal Question in Criminal Law in California

Battery

While caring for a family member just out of hospital from major surgery. An 18 yr old girl struck me on the chest with both her fists knocking me back, this took place on my front porch. She was refused visiting the patient while she was sleeping. Later she returned demanding more money to live for the week. I refused telling her she had received four hundred for the week, that being enough for the week, at this point she became angry hitting me in the chest prompting a physical fight. I didn't touch her, my husband chased her off of our property.

We called the Sheriff getting a police report and pressed charges against her. The officer said it was ''Battery''. What can she be charged with in court? I am her grandmother caring for her great-grandmother. I am 57 years old considered a senior with a heart problem caring for my mother who came near death. This girl raised by my mother has no respect for anyone and feels she can say and do as she wants including law enforcement etc. I will not tolerate physical or verbal abuse upsetting me and my mother. I want to persue this to the max and want to know what can be expected in court. I wasn't hurt, left with red marks on my chest for a short while. I am really angry!


Asked on 8/20/04, 12:48 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Battery

There are many variables that would affect the type of sentence she would receive, but 30 days of Cal Trans (picking up trash on the highway) is a sentence that's sometimes given for a battery with no serious physical injuries (in Orange County). You can also obtain a restraining order.

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Answered on 8/20/04, 12:54 pm
Terry A. Nelson Nelson & Lawless

Re: Battery

You need the court to issue a strong restraining order, in addition to some punishment and jail time to get the message thru to her. Tell the DA what you want.

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Answered on 8/20/04, 1:56 pm


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