Can I be convicted of a 242pc battery even if I made no physical contact with the man?

Asked over 1 year ago - Salinas, CA

I was drinking at a local casino, he asked me to leave I thought it was because he thought I cheated he told me he was going to take me to the back and beat me up. when he tried pulling me off my seat I swung and missed by a mile. He called police and said I hit him in the face.

Attorney answers (5)

  1. Nicholas Milan Loncar

    Pro

    Contributor Level 17

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    Answered . You can't be convicted of PC 242 (Battery) unless the jury finds that you actually struck him. Since he's saying you hit him in the face, it's possible the jury would find that way even if that didn't really happen.

    PC 240 (Assault) does not require actual contact, only an attempt and present ability. So unless you were too drunk to have even possibly hit him, you can be convicted of Assault under the

    You do seem to have a good case for self-defense, but should get a good attorney to help you fight these serious charges.

    Best,

    Nicholas M. Loncar, Esq.
    t. 323.803.4352
    f. 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com

  2. Seth Andrew Weinstein

    Contributor Level 15

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    Answered . This is a matter that should go to trial. It will come down to who the jury will believe; will they believe you or the other individual? Were there any independent witnesses? Did you have injuries? Did he have any injuries? Who is bigger?

    Seth Weinstein, Esq.
    Southern California Criminal Defense
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  3. John Naumovski

    Pro

    Contributor Level 13

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    Answered . I agree with the above attorneys' advice

    the information provided above is for information purposes only and you should consult an attorney for specific... more
  4. Edgar Julio Gutierrez

    Contributor Level 7

    1

    Lawyer agrees

    Answered . This is the type of case we call a "trial candidate." Looks like there are enough facts to test the prosecution and a jury may well acquit you. You cannot be convicted of a battery without physical contact. However, based on the facts you provide, there is a potential charge and conviction for assault and the prosecution may very well ask for an assault instruction to hedge their bets because assault is what we call a "lesser included offense" for battery. You might have a legitimate self defense claim which you would have to prove.

    Because every legal situation is different and depends on many factors, the responses provided at this site are... more
  5. Matthew Edward Williamson

    Contributor Level 15

    1

    Lawyer agrees

    Answered . One thing to consider - this case probably does NOT have to go to trial - I disagree with my fellow attorney's answers (sorry guys).

    Why you might be wondering - simple, most casino's have a lot of video. In fact, I know of no casino in the US that is not covered with video - just get hold of the videos - if what you are saying is true, it will probably kill off the case and lead to a dismissal - even if it shows assault, it means the victim "lied" and the DA's office most likely won't want to take it to trial unless they are dumb.

    In summary, save yourself the trial, hire a good attorney and have them get the video(s). The goal should be a dismissal (possible even a motion for factual finding of innocence) the easiest way possible - the trial is the hard way.

    Matthew Williamson

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