Legal Question in Criminal Law in California
self defence or assault w/ a deadly weapon?
i went in my local neighborhood bar. i seen a cousin of mine who was thereand she was with a couple of girlfriends. this cousin and i do not like one another and our family's have been feuding for years. in the past she has talked a lot of foul things about my father who along with my granparents she sued for some work they did on her house. anyways, when i seen her i said some words and she said some words and neither one of us was very nice. i poured a beer on her head, then her 2 friends and her backed me up against the wall and stuck me on the face i then hit her and i had a tall beer glass in my hand that cut her forhead and she needed stitches. i then turned around and left immediately i walked and went to my moms house next door. the police then came to my house at 4 in the morn to arresst me. im out on bail , she has 2 witnesses that i know of and i think i have 2 as well. i realize this is a strike and i just cant have that on my record.i have 3 kids and a crippled mom who i take care of, i do have some record, for drug para. and under the influence but i finished all programs,nothing violent before.all of the people involved had been drinking, i was on my first beer and they looked like they had quite a few.what now
3 Answers from Attorneys
Re: self defence or assault w/ a deadly weapon?
I don't see how you can claim self-defense against your cousin. Self defense is proper when, under certain circumstances I won't detail here, you reasonably fear iminent harm from the other person. You have given no reason to believe your cousin posed a threat at all.
When you poured the beer on her you committed a simple assault, albeit a relatively minor one. The two men who then hit you may also have committed an assault against you, and if you had struck beck at *them* you would have a good self-defense argument. But your decision to hit your cousin seems totally unjustified, and the fact that you had a glass in your hand (which you should have realized could break and cut her) makes it that much more reprehensible.
The one area you might be able to argue is that the beer glass might not be a deadly weapon. There is a statute which defines deadly weapons (Penal Code section 12020, I believe) and I don't believe it lists drinking glasses. The fact that the glass broke upon impact might have turned it into something fitting the definition of a knife, but that happened after your action and should not qualify.
But this is not the good news it might seem to be, because the same statute that forbids assault with a deadly weapon also applies to assaults "by any means of force likely to produce great bodily injury." That is probably the basis of the charge against you, and I think that striking someone with a breakable drinking glass qualifies.
Based on the facts you have provided, it sounds like you are guilty as charged.
Re: self defence or assault w/ a deadly weapon?
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Re: self defence or assault w/ a deadly weapon?
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