How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17048
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I was arrested for simple battery. I attempted to park in a

Resolved Question:

I was arrested for simple battery. I attempted to park in a street parking space and 2 people were standing in the street holding the spot for someone. I told them several times to move but they wouldn't. I then got out of my car, gave them a final attempt at asking them to move, and when they refused I pushed them out of the way. No harm intended, I did not push them hard more like escorting them but I did make physical contact. It was a male and a female each weighing about 1/2 my weight. They did not stumble, fall, or get hurt in any way. I did not even push them all the way to the curb. Is this really battery and if so, how should I plea?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Unfortunately what you described is indeed a battery under California law. There need only be a touching that is harmful or offensive. The slightest touch is sufficient for a battery if it is done in a (1) rude, (2) angry, or (3) disrespectful manner. There are defenses, but your situation does not support a defense under the law. You can read much more about the charge and what the prosecutor has to prove by going to: http://www.shouselaw.com/battery.html

That said, I would highly recommend that you hire a criminal defense attorney to assist you in this case. The reason I say that is that if you are convicted it is a misdemeanor criminal conviction and can affect your job prospects, etc. In addition, your attorney can help you at least obtain a better sentence even if you do plead guilty. They might be able to get you in a pretrial diversion program that if you complete it successfully could result in a dismissal of the charges. If you cannot afford an attorney, you can ask the court to appoint you a public defender and if you qualify financially, they will do that.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

What about the fact that they were committing a crime at the time?

Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for your reply. Even if they were committing a crime, which is arguably not the case, this would not be the basis for a defense to a battery. The defenses, which you can read more about that the link I provided, are: self-defense, defense of others, an accident, consent, and a parental right to discipline children. It is never legal to use self-help in a situation like this. Calling the police in a situation like this or finding another parking place are the legal options.

I can certainly understand your frustration and I have been in similar situations where I wished I could use self-help, but the law does not allow someone to touch someone else without their permission in this manner. That said, what they were doing could "mitigate" the punishment. In other words, the court would consider the situation in deciding on punishment.

Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17048
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 2 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.