Legal Question in Criminal Law in California

defenses to charge of trespass by physician ''threatened'' with report to medica

Why can't a mal-practicing physician threatened with report to the medical board legally arrest his non-disruptive patient for trespassing during a medical appointment?


Asked on 10/17/01, 6:03 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: defenses to charge of trespass by physician ''threatened'' with report to me

The civil law concerning trespass recognizes several classes of persons coming upon the premises. The criminal law recognizes only two. Those that have permission to be there (general public), and those that are not. Since the office of a doctor is in the business of having the public come into the premises he/she would have to ask the person there complaining to leave, before the event becomes a criminal trespass. However, you'd have to be pretty goofy to go to a professionals office and confront the individual with allegations of malpractice. This event might be charged as a terrorist act, or assault and battery depending on the actual events. And remember professionals lie like everyone else. So determing the truth of what happened my not be easy.

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Answered on 11/23/01, 12:01 pm


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