Legal Question in Criminal Law in California

Hey my name is Gabriel today around 10-11 pm I was involved in a incident with a Church minister I was on private property and was going to hop the wall to get into my backyard and he came up to me got in my face and I felt threaten so I told him if he lays a hand on me ima whop his ass and he kicks my skateboard and says whoop my ass I said if you lay a hand on me ima whoop your ass clarifying that he didn't touch me he touched my board and I then call him a pussy and I went to go get my skateboard to leave and as I am doing so he blocks me from my skateboard and try not to let me grab it I still do and as I'm skating away he grabs my so I tried to push him off but he has a really good grip and won't let go so I then push him over and over but he still won't let go I'm telling him to leave me alone I'm trying to leave he doesn't he calls the cops and even the person on the phone was like sir why are you holding him what has he done he doesn't say anything I tell them my address and then he tells him the churchs address after he gets off the phone he proceeds to strangle me and I'm yelling for help I'm telling him I can't breath and I'm a minor he says no you are a man I tell him no I am not I am 17 I also tell him stop I have a kid on the way he doesn't I told him that hoping he would take petty on me he doesn't I felt supper lightheaded as if I was going to pass out I start to get limp and he then loosen his grip allowing me to breath and then he lets me get a little bit of air allowing me not to pass out I slapped him trying to get away but after like 3 maybe 4 minute the cops arrived when they do his shirt is torn because I pushed and grabbed his shirt when he was grabbing me previously before the choking and I had told them what I just got done telling you he lies to them saying that I had hit him then he did all of that I tell the cops to look at the footage but they have no interest in doing so they make it seem like he had every right to do that because I was on his property it is private property and I was in the wrong I later talk to my po she says that he shouldn't have been allowed to do that and I asked is there anything i could do she said I could file harassment charges and order that the confiscate the tape when I called they had told me I couldn't press charges because i am a minor and had to wait for my parents to do so I don't feel like I should though me and my mom are on bad terms right now so I don't want to bother her with this I am in the state of California by the way what do you recommend i do?


Asked on 10/11/17, 5:50 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

So, you initiate a confrontation with macho belligerent tough guy threats, to someone that doesn't cower down to you, and you are upset at the response and treatment you got as a consequence? Welcome to reality.

You are fortunate he did not request the police take you into custody on trespass and assault criminal charges. They likely believed his story over yours, especially if you look and dress consistent with the way you described behaving and talking. So would a judge and jury. You apparently have no witnesses to credibly contradict his version of the story true or not. I tend to believe no one is going to have much sympathy for your story, even if you could credibly prove what you claim he did in response to your behavior.

That arrest would have triggered a Probation Violation if, as you indicate, you are on formal Probation from a prior criminal conviction. So consider that as a break you got from him.

You could have avoided all this by leaving the property when told to, and by generally behaving in a civilized law-abiding manner to start with. You should learn from this about 'good' behavior benefits, and 'bad' behavior consequences.

Lawyers like me regularly get paid the 'big bucks' by defendants with stories like this to try to keep them out of jail. Wouldn't it be better for you to avoid such conflicts and consequences? When and if you need an attorney for that in the future, contact me. My representation of defendants, and a strong defense, never depends on 'sympathy' for them, or belief in their story, only in them hiring me and allowing me to do what needs to be done in their best interests.

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Answered on 10/13/17, 3:59 pm


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