Legal Question in Criminal Law in California

Yesterday, in an altercation with a neighbor who was chasing my mother, I held a golf club in self defense because he had threatended me and my family that he was going to hurt us. After talking to my mother and father a police man after the fact aproched me and would not hear my side of the story. He even went as far to say he "did not care what my side of the story" is. He told me that "I do not have the right to carry the golf club". Is this true since I never swung it or hit anyone with it. I only was holding it as a precautionary measure.


Asked on 4/30/12, 6:15 pm

2 Answers from Attorneys
Peter Tuann Law Office of Peter Tuann

Cops can often be wrong, you have every right to defend yourself, if you feel threatened, the golf club is not a deadly weapon, were you charged with anything?

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Answered on 4/30/12, 6:20 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I agree with Mr. Tuann, that seems an 'overstatement' the police made, although the "totality of the circumstances" may appear different than we may picture based on a one-sided description.

The police may investigate a while and talk to some more witnesses before deciding whether to recommend filing any charges and even if they do recommend that, the prosecutor has the authority on whether to file a case against you (and/or your neighbor), and if so, which charges to pursue.

If you are charged criminally with assault, you will want to hire an attorney who regularly practices in the court in which the case will be heard. If you cannot afford an attorney, apply to have one appointed at the arraignment, if there is. Good luck!

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Answered on 4/30/12, 10:15 pm


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