Legal Question in Criminal Law in California

Fruit Tossing

If a person is struck by fruit tossed over another's shoulder, without aim, what can they be prosecuted with? Note: The person being stuck (his wife) does not want to press charges. Apparently she does not have a choice, since it is a domestic violence case that was reported by their children. The District Attorney is prosecuting this case. We have to go to court tomorrow, and would like to know what we are looking at. Do we need a lawyer? Will this be dropped? Is this going to be costly? He is out on bail. How should he plea? This is a first offense battery charge. He has no other criminal record. Any advise would be appreciated. Thank you.


Asked on 1/16/06, 2:07 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Fruit Tossing

You waited until the day before court to retain a lawyer? You had better ask the judge to continue (postpone) the arraignment for one week. Do not say anything else to the judge, NOT ONE WORD. Do not repeat not attempt to explain what happened. Then call a lawyer.

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Answered on 1/16/06, 3:09 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Fruit Tossing

The husband definitely needs a lawyer, and the wife should at least consult with one as well. She cannot consult with her husband's attorney, since her interests and her husband's are likely to be in direct conflict.

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Answered on 1/16/06, 3:59 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Fruit Tossing

He needs an attorney. If it is being proscuted as a misdemeanor, he need not appear, his attorney will enter his plea NOT GUILTY on his behalf. I can take the case with a mimimal deposit. Call me directly at 16192223504.

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Answered on 1/16/06, 4:53 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Fruit Tossing

Request a continuance of two weeks for identification of counsel. Then immediately start looking for an attorney. This matter should be taken seriously by both of you. Without the assistance of an attorney husband may be sentenced to jail and a significant fine. Depending upon the piece of fruit and other factors it may be possible to have the case dismissed.

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Answered on 1/17/06, 9:51 pm


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