Battery and Obstruction

[curiousguy1]

What is the name of your state (only U.S. law)? California

This was on halloween night. I was drunk and past out in AmPm and the worker tried picking me up. I pushed him and hit him and when the police apprehended me I spit on an officer. (I apologized to the worker and he told me he already gave a statement and that the police were going there soon to see the video tapes. The worker also said that he would talk to them for me and accepted my apology) They put a bag over my head and tied my legs. I was put in a cell for the night and released in the morning. I was charged with battery on an officer (for spitting) and obstruction for resisting arrest. I am 19 years old so I shouldn't have been drinking. I was wondering how serious this crime is and what will most likely happen to me when I go to court. This is my first criminal offense.. Please all the advice and help will be greatly appreciated. Thank you

[HappyWanderer]

Anytime the government thinks they need to put a bag on your head and tie up your legs I'd say you should take it seriously. How can you not be at an attorney already?

You showed a lack of common sense in your actions that night. Drinking can do that. Don't continue stupid now that you're not drunk.

[curiousguy1]

I know what I did was irresponsible. I was looking for positive advice on what I can do. Should I talk to an attorney as soon as possible (I don't have the means to pay for an attorney at the moment) Or can I wait until my first court date? (Possibly will have the means to pay for an attorney then)

[HappyWanderer]

I think others who know more than I will answer in a bit. I think that when the government puts a bag on your head and ties up your legs, they are going to charge you with a crime. Being a drunk kid is not going to be a defense. If you get an attorney now you may be able to have him talk with the people who actually charge the crime and reduce the charges if you plead guilty and the fact you were drunk. If you wait until you plead not guilty, it seems like a lot of paperwork has already been done and you won't get as good a deal.

[CdwJava]

Originally Posted by curiousguy1

This was on halloween night. I was drunk and past out in AmPm and the worker tried picking me up. I pushed him and hit him and when the police apprehended me I spit on an officer.

So ... you were intoxicated in public (a misdemeanor) you committed battery on an employee trying to assist you (another misdemeanor), and you spit on an officer (a higher grade misdemeanor).

They put a bag over my head and tied my legs.

That "bag" was slmot certainly what is called a "spit sock" and does not impeded breathing at all, it only makes it difficult to spit as it is a mesh screen that gets tied over the head and/or face. The legs were likely tied with a hobble or quick ties because you were fighting with the cops. We really don't like getting kicked ... or, spit on, for that matter.

I was charged with battery on an officer (for spitting) and obstruction for resisting arrest. I am 19 years old so I shouldn't have been drinking. I was wondering how serious this crime is and what will most likely happen to me when I go to court.

You can expect fines, probation, and maybe some jail time.

An attorney will be provided for you at or before arraignment if you cannot afford one on your own.


- Carl