Legal Question in Criminal Law in California
Self-defense leads to arrest?
I am a 20-year-old female, 5'4'', 110 lbs, no criminal record - not even a parking ticket. But at the end of January I was arrested for assault w/ a deadly weapon & being drunk in public during a domestic dispute. My ex boyfriend, 5'7'', 175 lbs, who told me that he could kill me, gave me a few beers, poured beer in my hair, and called the cops on me when I wouldn't drive home after a small verbal argument. He hit me, shoved me, punched my nose, and threw me against his wall. During this I grabbed the closest object to me: a beer bottle opener, and scatched Ex 1 time. He called the cops and they came just as my parents did. Ex told the cops that my parents were going to take me and ''run'', but really they came fearing my safety. Ex is notorious for calling cops for silly reasons & I'd been told by the PD that he was a ''joke''. I was defending myself but I was arrested, violated in jail for the 24 hours I was there, and treated like crap. I have severe social anxiety. Jail was incredibly hard on me and now I require therapy for the trauma I endured. We go to a jury trial in June. Felony dropped to misdemeanor. I want to be a teacher! How do I get HIM in jail where he belongs & how do I press charges against the arresting cop? HELP!!
3 Answers from Attorneys
Re: Self-defense leads to arrest?
It's way too late to 'press charges' against the 'boyfriend'. That should have been done at the time of the incident with you demanding his arrest, by citizens arrest if necessary. It is highly unlikely the police and DA would now accept your Complaint.
You probably can not successfully sue the police officer. As a government agent, he is immune from such suit unless you can prove he willfully acted outside his authority. He maybe should have arrested both of you, but he exercised his discretion as to what was appropriate to do.
Focus your energy on defending the criminal charges.
Re: Self-defense leads to arrest?
It's way too late to 'press charges' against the 'boyfriend'. That should have been done at the time of the incident with you demanding his arrest, by citizens arrest if necessary. It is highly unlikely the police and DA would now accept your Complaint.
You probably can not successfully sue the police officer. As a government agent, he is immune from such suit unless you can prove he willfully acted outside his authority. He maybe should have arrested both of you, but he exercised his discretion as to what was appropriate to do.
Focus your energy on defending the criminal charges. Pick better 'boyfriends'.
Re: Self-defense leads to arrest?
My main advice would be to be concerned more about the criminal charges against you rather than worry about suing your ex and the cops, for the time being at least. While you might very well have good grounds for civil lawsuits, you have your own criminal case to defend. This would be your best strategy at the moment in my view.
Based upon what you wrote, it appears there are a lot of facts which are on your side and could be exploited for your defense, including the argument that you were provoked and acted in justifiable self-defense. The details should be discussed in a confidential discussion with an attorney. If you do not have a defense lawyer, I encourage you to call a couple to see who might be right for you.
Feel free to contact my office for an in-depth confidential consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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