Q: I need a battery charge to be dismissed.
There were tenants my father was evicting, and my father and I got into a heated argument with the tenants as they had moved they had left personal Items open doors and gates because they wanted the home to get vandalized, cops would come at night because neighbors would call police letting know that strangers were in the home. My dad locked they house 1st of July. The evicted tenants had till July 15 to move out per a agreement with my dad and they judge, tenants had to vacate property on 15, July, but had left . Long story short this was lets say july 10 and the tenants saw the home locked and gates locked they called police to open the house and they had possession until the 15th of July. So cops told my father to go to the house and open the house and so I went with my father and argument and scuffle my father got hurt and I was trying to stop fight and then tenant spit at me and cops came gave all of us battery charges. Didn't do anything and still got a battery charge.
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- California
- (619) 202-8188
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- Answered
A: Sounds like there are lots of witnesses, self-defense issues, defense of others issues. You have the right to a jury trial. In some cases, a jury acquittal is the only route to a dismissal. In some cases, jury trial doesn't make good sense for the defendant. You need professional advice. Find a good criminal defense trial lawyer. Good luck!
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- California
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A:
Under California law, a battery charge involves intentionally and unlawfully using force or violence against another person. If you didn't intentionally use force, you might have a valid defense. Self-defense, or acting in defense of others, can also be a strong defense if you were trying to protect your father or yourself from harm.
Given the circumstances, you should gather any evidence that supports your version of events, such as witness statements, police reports, or video footage if available. Since you mentioned that you were trying to stop a fight and didn’t instigate the conflict, this information can be crucial to your defense.
It's important to address these charges quickly and take them seriously. Discussing your situation with a legal professional can help you navigate the court system and build your defense based on the facts of your case.
1 user found this answer helpful
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