Let’s go over it again in case you missed my prior articles on battery. Actually, visit the Lebron James Mama Slapping case here. There, we focused on battery and assault in a civil context because the suit was a civil one. Here we focus on criminal battery.
When you punch, hit, bite, scratch, spit, throw an object, water, drink etc. at a person, you have committed battery. Essentially, battery is the illegal use of force on another person which causes bodily injury or is deemed an harmful/offensive contact.
There are important elements that the Prosecutor (DA) will have to prove in a battery case to get a conviction against you.
Intent: You could INTEND to commit battery or it could be un-intentional aka criminal negligence.
Indirect Application of Force: Remember I said you could throw an object or substance i.e. water or drink at someone one and that could still constitute as battery? So, your takeaway is that you need not directly use force against someone to get battery.
Defenses: If you are in California where I practice, you would be charged with California Penal Code section242.
What are your defenses should you knock on the door of a firm like mine that also does criminal defense work?
Typically, when criminal defense attorneys take on your matter, they will listen to you to ascertain what defenses there might be, if any, applicable to your actions.
- It was an accident
- He/she consented
- I was trying to help someone that was getting beat up
- I am a parent and I have a right to discipline my child
What impact will a conviction of battery have on you?
- Very tough to gain employment
- Sometimes tough to gain housing, and overall not good on your record.
What Kind of Time Are We looking At?
- Typically 6months in your county’s jail
- Anger management
- Informal probation, typically.
Does the DA limit the charges to only battery (242)
Nope! If you cause serious bodily injury, then in California, expect to see a charge of California Penal Code (CPC) 243(d) for aggravated battery and if the object you used could or caused great bodily injury, expect to see CPC 245(a)(1) charge of assault with a deadly weapon most likely to cause great bodily injury. Both sections of the code are usually charged as felonies with steeper implications.
The facts in the Raj J vs. Fabolous case call for a simple misdemeanor battery. So, I’ll stop there till future cases provide the opportunity to delve into those areas.
What foolishness for this “grown ass” men as TMZ puts it. It does not appear Fabulous incited anything and you can hear what appears to be him asking why all these “beef” was necessary given he was just polite to Ray J., the day prior to this incident.
In any event, another reason why we need lawyers. Not so?
“TMZ has obtained footage of the Vegas nightclub brawl between Ray J and Fabolous — and the wildest part … sources tell us, 50 Cent stirred up the whole thing.
We’re told Fiddy had been encouraging Ray to confront Fabolous about their recent Twitter feud — and Ray finally decided to get in Fab’s face at Moon nightclub inside The Palms casino.
In the clip, you can see 50 standing between Ray and Fabolous … with a big ass grin. . .”
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