Citizens arrest - pc 242 battery - civilian

[Kandrewski]

I was involved in an altercation with a neighbor in which I attempted to confront him regarding multiple instances of spinning tires when passing house in gravel alleyway. We have had several run ins in the past, but nothing to be concerned about. However, this time he is claiming that I attempted to push open his front door and push him while trying to instigate a fight. This is not true, but there are no witnesses and due to his notifying the police, they were not very receptive to my denial. I was given a citation for pc 242, via citizens arrest, requiring booking and a court date.

does this warrant an attorney? I don't have a prior record and do not want this accusation to change that.

any advice is appreciated.

 

[FlyingRon]

Any charge that can result in jail time deserves a lawyer. This isn't really a citizen's arrest, but charges brought on a complaint made. The fact that you went there to "confront" him is not in your favor.

The witness is the victim. It is up to the judge and jury to determine innocence now.

 

[CdwJava]

I was involved in an altercation with a neighbor in which I attempted to confront him regarding multiple instances of spinning tires when passing house in gravel alleyway. We have had several run ins in the past, but nothing to be concerned about. However, this time he is claiming that I attempted to push open his front door and push him while trying to instigate a fight. This is not true, but there are no witnesses and due to his notifying the police, they were not very receptive to my denial. I was given a citation for pc 242, via citizens arrest, requiring booking and a court date.

does this warrant an attorney? I don't have a prior record and do not want this accusation to change that.

any advice is appreciated.

Any charge warrants an attorney.

All because you have been cited does not mean that the DA will pursue it.

If you cannot afford an attorney, one should be appointed for you at the arraignment.