Legal Question in Criminal Law in California

First, the District Attorney is the only one who file criminal charges. Individuals can not. An individual can ask the DA to file charges based on an incident and then generally a Police investigation or at least a report will be taken and based upon the information provided to the DA they will decide to file charges or not file charges. Now, on to the subject of the incident you explained. Taking into considered the small amount of information you provided, it appears that you are wondering if an assault and/or a battery charge or an assault & battery charge can be filed against you for knocking someone's hat off. Under California Penal Code, section 240 assault is unlawful attempt to commit a violent injury on the another person coupled with a present ability to commit a violent injury. It is measured from the alleged victim's point of view. So if you knocked his hat off but he felt or thought you were intending to hit him there would be an argument for an assault charge. The same thing is true with Battery. However the definition of Battery under the California Penal Code section 242 is any willful and unlawful use of force or violence upon the person of another. Basically battery is an offensive touching of another. Now, can the hat be considered an extension of the person who was wearing it? Yes, it can be. So an argument could be made that a battery was committed. Now let's get down to reality. Would a DA file charges on someone knocking a hat off someone? I really doubt it. However, that does not mean a DA will not. It would depend on a number of different things and would be looked considered along with the entire set of circumstances surrounding the incident. Also the background of the person who knocked the hat off the person might be taken into consideration. For example If the person who knocked the hat off, had a previous record of battery or assault or both or they were on parole or probation they might file charges. If the incident were part of a more serious incident or altercation, again they might file charges or include a battery charge or an assault and battery charge if there was more than one charge being filed. It really depends on the county and the policy of the DA's office under the circumstances that occurred. In a large county I would think the DA's would be too busy to deal with such an incident if it was not part of something more serious. However in a small county that has a DA who believes there are no exceptions to the rules they might file charges. Technically it could be filed. However that does not mean it will be filed even if a complaint is made. One more thing for you to considered would be could a civil law suit be filed against you for the incident. Again technically, yes it could. However, unless something else happened it does not sound like the person with the hat incurred any damages.

Good luck,

Brian McGinity

There has been no attorney client relationship created by the communication between the parties and there is not attorney client privilege as a result of the communication. The information exchanged between the parties is based upon the general principles of law and is not and should not be considered legal advice. It is impossible to give accurate information based upon the limited information exchanged or in public forum such as this.