Legal Question in Criminal Law in California

Is there a law for public fighting?

we were at a basketball game and my girls got into a fight with the other girls and the other guys tried stopping the fight and my guys got into it (thought they were hitting us). so my guys beat up the other guys and now they want to press charges? are they allowed to? its been a week since the game. the other guy wasnt injured or anything. everyone is over 18 & were in California. but its been over a week? they can still file charges and it was a group of people, i mean there was about 40 in the gym, about 15 was my friends and the others where their frineds


Asked on 2/25/09, 1:18 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Is there a law for public fighting?

Yes, it is not uncommon for charges to be filed when there has been a public fight. Fighting in public is punishable as assault and/or battery.

Fighting in self-defense or reasonable and justifiable defense of others can be a legal defense. To have charges dismissed based on self-defense or other reason you need a good lawyer. I suggest you call at least a couple to see who might be best for you.

Feel free to call my office for a non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/25/09, 11:06 pm
Matthew Koken Law Office of Matthew S. Koken

Re: Is there a law for public fighting?

There are a number of violations your friends could be facing: Assault (Penal Code Section 240), Assault with a deadly weapon (PC 245), Battery (PC 242/243(a)), Fighting in Public (PC 415). The DA's office can file misdemeanor charges up to a year after the date of the incident. Also, depending on injuries and other information, felony charges may also be brought.

I would consult an attorney as soon as you get notice that criminal charges have been filed. If you would like to consult this case further feel free to give me a call. Best of luck.

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Answered on 2/25/09, 1:34 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Is there a law for public fighting?

Your 'girls' and 'boys' could be charged with nothing at all, a mere infraction or misdemeanor for disturbing the peace (or similar), or misdemeanor assault. If someone is seriously hurt, which may or may not be the case, it could be charged as a felony.

If the other people in the fight decide to 'press charges' and make a police report, then the DA will decide whether to actually file the charges against your girls/boys. If this happens, you will need a defense attorney.

Feel free to contact us.

Best of Luck.

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Answered on 2/25/09, 1:38 pm


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