Q: A pc242 telephone hearing scheduled for my brother,who kicked out of his place a girl I was dating., She showed up drunk
She was drunk and angry,yelling and threatening me.,My brother ask her to leave.,She wouldn't.,my brother is 70 years old
A:
MORE INFO IS NEEDED.
YOU SHOULD EITHER SET UP A CONSULTATION WITH A LOCAL CRIMINAL LAW ATTORNEY OR, AT THE FIRST APPEARANCE BEFORE THE JUDGE, ASK TO HAVE A PUBLIC DEFENDER APPT'D TO REPRESENT YOU.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like your brother is facing a misdemeanor charge of battery under California Penal Code 242, which is the intentional and unlawful use of force or violence against another person. The charge may have been filed because he kicked the girl you were dating out of the property.
If there is a telephone hearing scheduled, your brother should participate in the hearing and make sure to provide his side of the story. He should also consider retaining an attorney to represent him at the hearing, as an attorney can help him navigate the legal process and protect his rights.
To defend against a charge of battery, your brother may argue that he acted in self-defense or defense of others, as it sounds like the girl was threatening and potentially dangerous. He may also argue that he did not use unreasonable or excessive force when removing her from the property.
It's important to remember that every case is unique, and the specific facts and circumstances of your brother's case will determine the best defense strategy. An experienced attorney can help him understand his legal options and build a strong defense.
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.
