Legal Question in Criminal Law in California

Battery on a police officer

My son was pushed by a police office at a 4th of July event. The officer came from behind him on the left side, and my son pushed him back before he knew it was an officer. He was then sprayed in the face with pepper spray and shoved to the ground before being handcuffed and arrested. He is being charged with battery, and I am trying to get information on what will happen to him in court. Does he need a public defender? And if so, how do we get one? Also, he was not doing anything to warrant the assault that the officer made to him. I spoke to several witnesses who were at the scene who all confirm that my son was standing quietly outside a private residence, on private property where a party was being held. He had been drinking but was not intoxicated and was not causing trouble or making noise.


Asked on 7/08/03, 8:21 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Battery on a police officer

The court will appoint the public defender upon his request at a court appearance.

Many public defenders are good attorneys, however, they are often overworked. Thus they do not have sufficient time to fully prepare for his case. Thus good private counsel has more time to investigate each case.

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Answered on 7/09/03, 12:27 am
Arnon Sincoff Law Office of Arnon I. Sincoff

Re: Battery on a police officer

Your son appears to be innocent, based on the circumstances you stated. If he accepts a plea bargain by pleading "guilty" or "no contest" to a battery, he will have a criminal record with adverse consequences, even if he is offered "no jail time." If instead he wishes to fight the case, he needs to hire a private attorney who will devote the time necessary to get a dismissal or acquittal. Also, he will not be able to have the public defender begin working on his case until the first court appearance, called the "arraignment." By that time, witnesses or evidence may be lost in many ways. An aggressive attorney will have his investigator gather witness statements and other evidence before the arraignment, so that your son's chances will be maximized. If you need further details, please call my office. Arnon I. Sincoff, Esq. (310) 278-2320.

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Answered on 7/09/03, 3:42 am


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