Q: Can the innocuous touch of a child's hand in a simple hello greeting justify a Calif. 242pc battery conviction?
The original charges were attempted kidnapping & false imprisonment but were dismissed once defense counsel provided additional surveillance video undeniably disproving the allegation. The child was not at all frightened or disturbed & the only basis for the initial arrest appeared to be the parent's "low tolerance for human kindness" & the inept use of a very poor quality video by the sheriff's dept. & the DA's office. The battery charge is also completely false, but we know the DA needs to save face & the battery charge appears to be a very broad, dragnet charge open to subjective interpretation! Will the parent's misinterpretation or misperception or misguided motives be a driving force in deciding this case. Just looking for reassurance that an innocent, moral & loving grandmother will not be made a criminal for simply adoring children...ESPECIALLY at the hands of a prosecutor that needs a "win" for the sake of the DA's reputation or to potentially keep from being counter-sued!
A:
it sounds like much more info is needed.
you need to hire a local criminal lawyer as it sounds like very serious allegations.
a battery is any unlawful intentional touching and does not refer to an accidental touching.
either hire a lawyer or ask for a court appointed lawyer.
A: An attorney needs more facts to evaluate this case properly. Discussing this case in a non-confidential forum like this is ill-advised. Please call a local attorney for a free consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
