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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15935
Experience:  Licensed Texas General Practice Attorney
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My name is ***** *****. I received a letter from the city

Customer Question

Customer: my name is ***** *****. I received a letter from the city attorney that they recived a report that I have violated section P242. the hearing is 01/05/2016. I picked up the notice from post office late. wondering what to do and if I need an attorney to show up with me. This was concerning a lady that tried to barge into my office as I held the door, and then it seems her left flip flop got stuck under the door as I was closing it and I think she was trying to jam it so I don't close it.
JA: Thanks. Can you give me any more details about your issue?
Customer: I was in a management office in north Hollywood in a residential building with door closed. She knocks on the door hard, while I was on the phone. I put the call on hold(cell phone) and proceed to partially open the door to talk to her. She was waiving some papers and demanding that I go with her to check someone who is playing loud music(apparently it is someone she has been arguing with in the past). I told her that I am busy at the moment , and that she has to write down the complaint and then as I proceeded to shut the door she launches forward and jams the door and tries to reach me while pushing the door with her left shoulder through the partially open door while waiving the papers and yelling at me that I have to come with her now. I Just told her to leave and held the door until she seemed to let go and I shut it. I went back to my phone call, and when I opened the door she was sitting on the floor talking on the phone and paramedics were on the way as she was yelling that she has PTSD. I tried to assist her but she kept screaming don't touch me
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation.

California law defines battery (also sometimes called "assault & battery") under section 242 of the California Penal Code. A California battery is simply this: "any willful and unlawful use of force or violence upon another person." Penal Code 242 is known as a “wobbler”. Wobbler’s are offenses that may be charged as misdemeanors or felonies depending on the circumstances surrounding the case.

If the battered person is seriously hurt, the criminal case may be prosecuted as a felony under Penal Code 243(d) as a "Battery Causing Serious Bodily Injury." If the battered person doesn't suffer serious bodily injury, the criminal case will typically be filed as a misdemeanor (otherwise known as a simple battery).

Note that this is willful and unlawful. It doesn't mean negligent / unintentional / etc... and that means that you could have a defense. I certainly would still get an attorney, as it is a criminal matter, and having a criminal record (misdemeanor or felony) is a very serious matter. But regardless you can still go and plead your innocence, that nothing was ever intended and that you never meant to or actually did cause any harm. The burden of proof would be on the prosecutor to prove that you did (beyond a reasonable doubt).

That being said, you need to contact an attorney in your area that deals with criminal law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

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