Legal Question in Criminal Law in California
The other day at work, I took a drink of water from a cup, it was hot , so i spit it out , accidentally some of the water got on a co-worker (lower pant-leg). I have been told the my co-worker has gone to the police and filed a report. This co-worker and I have had no previous problems, and where on very good speaking terms (we where friends) Where do I stand?
5 Answers from Attorneys
The way you recount the event, the co-worker may file a complaint for a possible charge of "battery.". Battery is the harmful or offensive touching of another. However, you have a defense of accident and I do not believe you would be guiltty. UNDER THOSE FACTS. However I believe the co-worker may not see it as an accident. You may want to speak to an attorney in or near your area. I also give FREE phone consults if you wish. David Wallin
By saying nothing to anyone. exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney. If you are contacted by law enforcement of company authorities, then hire an attorney, unless you know how to effectively represent yourself in criminal or civil court. If so, feel free to contact me. However, I doubt any criminal or even civil charges are likely.
At best, this is a simple battery case, but not a very strong one for the prosecution. Every crime requires criminal intent. Although battery is a general intent crime, they must still prove your act was willful and with criminal intent. I'm not seeing that from what you wrote.
I highly doubt this is going anywhere, but you never know what version they gve the police (if they actually did file a report) should charges actually be filed, you're going to have to defend yourself with an attorney.
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