Legal Question in Personal Injury in California

Battery

My boyfriend and I got in a disagreement and my 16 yr. old son thought he grabbed meby my hair so my son tackled my boyfriend to the ground. my boyfriend tried to push him off but he was too drunk and left scratches on my sons neck when he tried to push him off. no one hit anyone. both got scratches when they fell. can my boyfriend get tried for battery?


Asked on 10/01/07, 3:04 pm

3 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Battery

Yes, your BF can be tried for battery.

Is he guilty? It would be self-defense based on your set of facts, although battery might be defended if BF was too drunk to intend to injure your son.

You make it sound minor, but, by your question, I am assuming that police or sheriff were called and indicate there might be charges.

God luck to all three of you!

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Answered on 10/19/07, 10:42 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Battery

Of course, but why? Did someone prefer charges to the police?

Battery is an unconsented to touching.

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Answered on 10/22/07, 4:02 pm
George Shers Law Offices of Georges H. Shers

Re: Battery

Battery is the unlawful touching of another without their consent. But if done to protect one's own body from a battery, it is not a criminal act. Your son is likely guilty of a battery, but your boyfriend is not.

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Answered on 10/19/07, 5:28 am


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