Legal Question in Criminal Law in California

Assault and Battery Question

I tried to enter my girlfriend's apartment (owned by her

parents) through the window while her other lover was

there. I took off the window screen, and pushed in a

plastic window fan, but the window itself was open. I had

been drinking earlier, but wasn't drunk at the time.

While I was partially through the window, the other guy

grabbed me without warning, pulled me in through the

window, and punched me a couple times. We began to

wrestle, but I did not punch or kick him. Eventually I

wrestled him to the ground, then we wrestled onto her

bed, and after a minute or two I let him go. I was taken to

jail and detained and released after 6 hours, but no

charges were brought against me.

Neither the girl nor her parents are pressing charges

against me, but I've now found out that the other guy

sprained his wrist during the fight and is now talking

about pressing charges. I assume it would be assault

and/or battery. What should I do?

I've also considered pressing charges against him if he

does against me as a negotiating/preventive move. I

think he may be at fault since he initiated the violence

(he knew it was me coming in the window).


Asked on 6/13/01, 3:29 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Assault and Battery Question

You need to get another girl friend.

Normally the police will not accept charges against the guy that is mostly in the right. They know it's a tactic to scare someone from filing charges in the first place.

If I was you I'd wait for the letter from the D. A. charging you with breaking and entering. If that doesn't come then you should consider yourself lucky. Because even if no one else wants to prosecute you, the D. A. can still go forward.

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Answered on 6/29/01, 9:55 am


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