Legal Question in Criminal Law in California

Misdemeanor Battery

At a local theater, a women snatched my cell phone from my hand -after telling me that the light was distracting her - the phone was not in use, only a review of the call log, the theater was partially lit from the recessed lighting. When I went to retrieve my phone, a struggle ensued, she hit me in my eye knocking my glasses off. I hit her back in her face/eye. We both showed signs of a struggle. The police were called. The police told both of us we acted poorly, we both agreed. After the police told her that she should not have grabbed my phone, she felt she was not being treated fairly and wanted to press charges against me, as a result, I pressed charges against her. Three questions: 1. Do I need a lawyer immediately to represent me when I am summons to appear in court, 2. Am I more at fault for hitting her back or is she for snatching my phone/hitting first - she said I hit her first? What is the probable outcome? Never been in an altercation, arrested, squeaky clean record, no drinking, drugs, average citizen. Citation reads 242PC-Battery.


Asked on 5/02/09, 5:51 pm

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

Re: Misdemeanor Battery

Yes, if you have been criminally charged you need to retain a lawyer to assure the best possible outcome. The outcome is anybody's guess, but it is unlikely to consist of jail time orother serious punishment. However, in this age of background checks and such, you do not want to come out of this with a plea bargain or any criminal record at all. Be sure to get a lawyer in time for him or her to be available to come with you on your first court date.

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Answered on 5/02/09, 6:06 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Misdemeanor Battery

You should absolutely always be represented by an attorney. One of the main reasons is that anything you personally say communicating to the investigators, prosecutors or courts ABSOLUTELY WILL be used against you. Too often people think they help themselves and their cases by talking while the truth is just the opposite.

The question is not whether you should be represented by a lawyer but whether you want to retain a private lawyer who would devote the necessary amount of time to resolve your case or you want to rely on a public defender.

Based upon your description, you have a viable claim of self-defense. Even more - you were unquestionably the victim. Assuming the main facts are the way you describe them, I would not allow anyone to convince you to plead guilty to anything. After having being exonerated in a criminal proceedings, I would consider filing a civil case against the person who assaulted you.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/02/09, 7:30 pm
Terry A. Nelson Nelson & Lawless

Re: Misdemeanor Battery

You got yourself into a mess. If you don't get an attorney, you're likely to get yourself further in. Citizen's arrest cases are nothing but problems for the parties. You can't just drop yours, because that opens the door for her to sue you for false arrest, and vice versa. You'll have to deal properly with defense of the criminal charges if you wait until they are filed. Instead, you should try to negotiate a civil deal that allows both sides to drop charges, then try to get the DA to go along with that deal. However, you shouldn't contact the other side, you would risk being accused of 'threatening or intimidating a witness'. Feel free to contact me if serious about handling this right.

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Answered on 5/04/09, 6:24 pm


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