Legal Question in Criminal Law in California

Re: Battery- child offender

the boy charged will need a criminal defense attorney, and quickly, if the DA pursues the case. In today's politically correct world, schoolyard punches can result in a criminal record, so don't take this lightly. Contact an attorney to discuss defenses and proceedures. Contact me if interested.

Re: Battery- child offender

Thank you for your inquiry. It's somewhat difficult to answer the question posed without many more facts, but consider this:

1. The parents cannot "press charges", contrary to popular belief. The parents can, however, urge the district attorney or local prosecutor, or the school board, to take action.

2. The procedure, and thus the defenses available, and the law, depend on what forum is involved. If a school board hearing, the child will have a right to a hearing, to oppose any action, and can have an attorney at his own expense. In many jurisdictions, a "peer court" also is an available option, if the child agrees. If a criminal case, then the juvenile courts will appoint a public defender, or the family can pay for an attorney.

3. The question about what defenses are available in a criminal case can fill several volumes of books. However, in general (because no specific facts about witnesses, proof, etc., was in the question), I can tell you that every person charged with a crime in the United States is presumed to be innocent of that charge. The flip side of this principle is that the prosecution in a criminal case has the burden of proof. Prosecutors must prove each element of a charge beyond a reasonable doubt. The presumption of innocence means that every person is innocent unless proven guilty.

Therefore, by simply pleading not guilty, a person charged with a crime is demanding that the prosecution meet this burden of proof. A criminal defendant need not offer any evidence or make any argument; the defense can simply be to make the prosecution try and prove the case.

A defendant may, however, prove or present evidence to the jury. The defendant may do this by cross-examining the witnesses that the prosecution presents, or by presenting his or her own witnesses, or by testifying.

Self-defense, which generally includes the defense of others, is based on the basic principle that each of us has the right to live and that we are entitled to defend ourselves if our life or health, or the life or health of others, is illegally threatened. Generally, the use of physical force against another person is justified in order to defend against the imminent use of unlawful physical force against that person or another. The amount of force used to repel the unlawful force must be reasonable.

I hope this helps, and if you need legal counsel, please feel free to email me directly at [email protected].