Legal Question in Criminal Law in California

Battery charges

My son was shopping at a local grocery store and met a girl that worked there. They talked she gave him her phone number and rubbed his hand. The following day he went to the store after work, she was bagging groceries and he walked by and said hi and tapped her to let her know he was there, apparently his hand hit her but, she said hi, when he was leaving the store a gentleman did citizens arrest, the police came now he has a upcoming court date for pc 242 battery, How could this be??


Asked on 12/11/06, 9:37 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Battery charges

Oftentimes the DA won't file charges on a citizens arrest (this is called a "DA Reject"). He will just have to go to court and find out. If there -are- charges, have your son say -nothing- except to ask for a week's postponement to get a lawyer.

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Answered on 12/12/06, 1:46 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Battery charges

How can this be? This can be if the police believed the complaining witness or victim's report of what happened, and didn't interview or believe your son.

I agree that some facts seem to be missing, as well as that this may be a case that might not be filed, but it's smart for your son to have a frank and full conversation with a lawyer regarding all the options and possibilities in a situation like this.

I hope this helps, but if you'd like more information, or advice, feel free to email me at [email protected]. It's my pleasure to help in any way possible.

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Answered on 12/12/06, 12:20 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Battery charges

I agree with the three prior answers, especially Mr. Miller's. I want to add one possibility that you may not have considered. It is quite possible that your son is not telling you the whole truth. There is no way I can say how likely this is without knowing your son or you, but juveniles often get into legal trouble deservedly, and many of these youths lie to their parents about what happened in order to secure the family's support.

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Answered on 12/12/06, 3:30 pm
Terry A. Nelson Nelson & Lawless

Re: Battery charges

How it could be doesn't matter. It is. What matters is that he handles and defends it properly. The DA may choose not to prosecute, or may negotiate a 'deal' when you go to court. Get an attorney if you want to avoid a 'crime of violence' conviction. Feel free to contact me if serious about defense, and if in SoCal courts.

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Answered on 12/12/06, 5:46 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Battery charges

There is not enough information to give you an informed response. Please call Mike Navarro with our office at 818.519.6884. He will be happy to call you back and answer all your questions.

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Answered on 12/11/06, 11:30 pm


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