Legal Question in Criminal Law in California

Re: provocation resulting in battery

Provocation can constitute legal defense to a battery charge. Provocation has to be sufficient and the battery response somewhat proportional or reasonable based upon the circumstances for the defense to work. Everything is in the facts and the details of the situation.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: provocation resulting in battery

Whatever the judge will let you introduce into evidence. If you're thinking you can defend yourself without counsel, I suggest you reconsider, since you are apparently not familiar even with what defenses you may be able to raise. If you qualify for the Public Defender, you should use them. If not, at least consult with counsel to see if you can afford one, check with your local Lawyer Referral Service for 'limited means' help.

Re: provocation resulting in battery

Any current, immediate attempt at violence upon the other person, or immediate, believable threat of violence coupled with the present capacity to carry it out.