Werid Battery Charge

i just got charged with battery. im am 16 living in california. the story is a bit strange but here it goes...

me and two other friends went into a store and one of them decided to steal something that i was not aware of , he said he had to go outside to make a phone call..the mannger saw him stealing and started following him out, he started to run and was gone leaving me and my frined in the store..the mannger said im calling the cops on you guys and stood by the door...then his wife came out and was standing next to him they were a 4 feet away from the door and without really thinking i made a run for the door as my hand went on the handle the mannager got me in a head lock from behind and throw me to the ground...i didnt touch anyone on the way to the door but the woman (by the way she was 7months pregnet) shouted out that was assualt. i said what are you talking about your lieing why are you doing this to me? after he throw me on the ground i sit down with my friend and waited for the cops to come, when they came she said i pushed her when i went for the door, this did not happen....after awhile the arresting officer told me i was arrested for battery..it seems like im in a very tight possition for me because why would the court belive my story when my other friend was arrested for achole and the other with robbery...any help with this would be great.

the only thing i can thing that would change this all around would be if they had a cammera at the door that recored it..even if they did im sure its long gone by now..

also if i am found not guilty of battery can i be faced with any penatlys for trying to go for the door..and if im not prove guilty will the man that threw me down face any thing, i dont think he has the right to use physical contact, but because i was a friend of the theif maby he can drop me to the ground? but again there was on phyical evidince that i personaly had done anything wrong.

Where is your parents? Why aren't you asking your parents for help? I ask this only because you really need an adult to help you out here.

joejoe said:

also if i am found not guilty of battery can i be faced with any penatlys for trying to go for the door

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Yep. You could still be charged with theft.... since you were with someone who presumably did.

and if im not prove guilty will the man that threw me down face any thing, i dont think he has the right to use physical contact, but because i was a friend of the theif maby he can drop me to the ground?

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Absolutely. The merchant has the right to protect his property, including the right to use reasonable efforts to detain a thief. You attempted to flee.... and it sounds like he was reasonable in resisting YOUR efforts.

but again there was on phyical evidince that i personaly had done anything wrong.

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If that was truly the case.... why did you try to run??

Get your parents involved. This is going to be a real expensive life lesson. BTW, your damn lucky you weren't charged with burglary. That is when you add the element of physical contact to theft.

how could i be charged with buglery if i just went for the door? if i had did not take anything and if i didnt even know my friend was going to steal something...also what do you mean get my parents involed? in what ways could they help? and the mannager knew that me and the other frined did not steal anything i think, because he said i have your frined on camera and he stole something..and the only reason i ran is beacuse i simply didnt want to waste my time talking to the cops and nothing really has happend like this and was scared.

joejoe said:

how could i be charged with buglery if i just went for the door? if i had did not take anything and if i didnt even know my friend was going to steal something...also what do you mean get my parents involed? in what ways could they help? and the mannager knew that me and the other frined did not steal anything i think, because he said i have your frined on camera and he stole something..and the only reason i ran is beacuse i simply didnt want to waste my time talking to the cops and nothing really has happend like this and was scared.

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Scared or not, in CA the crime COULD have been "robbery" if you had used force to flee with the goods. In this case, as has been pointed out, the store owner may use reasonable force to detain people he suspects of criminal acts. The courts in CA have not made it clear whether that it includes physical force or not so the rule seems to be whether or not the force was "reasonable". And if you indeed pushed your way past the the pregnant woman, you're lucky her husband/manager didn't lay you out!

Your attempt at flight DOES make you look guilty. Your argument that you did not want to "waste (your) time" talking to the cops won't fly. It will be believed that you ran because you were an accomplice to your friend's activity and did not want to get caught. Period.

Tell your parents you need an attorney.

- Carl

joejoe said:

how could i be charged with buglery if i just went for the door? if i had did not take anything and if i didnt even know my friend was going to steal something...also what do you mean get my parents involed? in what ways could they help? and the mannager knew that me and the other frined did not steal anything i think, because he said i have your frined on camera and he stole something..and the only reason i ran is beacuse i simply didnt want to waste my time talking to the cops and nothing really has happend like this and was scared.

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I am assuming that your friend that ran out was caught somehow. If you and the other non-thief didn't tell the manager/officers who that friend was, then they must have caught the thief on camera. You stated that the manager said he had the thief on camera; therefore, I would pursue requesting a copy of the film from the DA's (district attorney-the attorney for the other side) office, especially if it exonerates (clears, vindicates) you. It should show exactly what happened. If you are telling the truth, it may show 2 innocent youths and a thief, or...it will show 2 youths playing lookout, acting suspicious, and the scuffle at the door.

I wouldn't go verbalizing (voicing) that you "didn't want to waste your time talking to the cops"; it sounds cheeky (sassy, rude, defiant). You see, a jury of your peers does not consist of a "bunch" of 16 year olds, where saying that might elevate you to a "cool" status. Despite what you may think about your rights, that jury will be a "bunch" of adults who will "cop an attitude" with sassiness. There is nothing wrong with the real truth: that you were scared. A jury tends to be more sympathetic to a scared young man's story vs. a defiant punk's bulls--t.

I am guessing that you want to spare your parents the heartache that their son isn't as angelic as they hoped and you want to spare yourself their wrath and possible punishment. As I am not an attorney nor am I despensing legal advice, you may want to investigate the possibility of a public defender to defend you. You have the right to an attorney and if you can't afford one, a public defender will be appointed to you, however I do not know if this applies to someone 16 years old without the parents involved. But if your parents are unwilling to help you, then I think the court will provide you with an attorney.

You do need an attorney for this one though, even if you have to tell your parents. It can make a difference of having a record that will follow you (trust me, I don't care what anyone tells you, it does) or having a clean record. You didn't mention if this is the first time you've been in trouble or if you have a juvenile "rap sheet" a mile long. This makes a difference too. If you've been in trouble before, the consequences aren't going to be lenient (light, forgiving, merciful)....IF SO, GET A LAWYER NOW.

I have a 16 year old son, myself, and I would only hope and pray that he would come to me with this situation if it happened to him. Sure, I might feel a little dissappointed in him for his lack of judgment in choosing his friends, but on the other hand, I would give him the "benefit of the doubt" and back him up all the way, get him an attorney, and fight this case head on. At the end, if I felt in my heart that he really did do what he was accused of, regardless of whether he was found guilty or innocent...he would have to suffer one of my lectures on: how this could have ruined his life, led to worse things, not telling ME the truth, how dissappointed I am, I didn't raise you that way, etc. BUT, that I still love him. So, you might have to suffer a little bit of the parental stuff, but its worth it considering the alternative of being found guilty because you didn't have a lawyer. Besides, it looks a whole lot better when your family is behind you in court, even to the judge when it comes time for sentencing. However, if this is your first time in trouble, you'll probably get probation, or plea bargain for testimony against the thief, or your hand slapped...you never know. With an attorney, you'll have a better chance and an idea of what your looking at, along with your options in the situation.

As I stated before, I am not an attorney nor is this legal advice but merely someone who has a 16 year old, so I can try to understand with some motherly thoughts about it.

If he is to be tried as a juvenile in CA, the court will REQUIRE that he present himself along with his parents or legal guardian when he goes before the Juvenile Probation officer or the court. He will have no choice but to have his parents' involvement.

Good call on the attitude stuff.

- Carl

thank you everybody for the help so far..by the way this is my first time of being arrested..
i have read that battery is an intended act of physical contact that is unwanted. The store mannager said i started going for the door and he claimed thats when i bumbed into the woman even if this were true, that is not an intended act. it seems like i should not have been arrested if that were the case and those were the very words he told the arresting officer.

joejoe said:

thank you everybody for the help so far..by the way this is my first time of being arrested..
i have read that battery is an intended act of physical contact that is unwanted. The store mannager said i started going for the door and he claimed thats when i bumbed into the woman even if this were true, that is not an intended act. it seems like i should not have been arrested if that were the case and those were the very words he told the arresting officer.

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YOU say it was not intentional, but your actions may lead to another interpretation. If the only way out was to push past someone, you comitted battery.

PC 242 - A battery is any willful and unlawful use of force or violence
upon the person of another.

You intentionally moved toward the door - this is a "willful" act. You moved past the woman bumping her in the process - this is "force". Battery could very well be appropriate.

Hire an attorney or apply for a public defender. In any event, mom and dad will have to be advised if they haven't been already ... and I cannot imagine that they have NOT been advised.

- Carl

well my parents know about it beacuse they had to pick me up. and i told them the whole story and they understood i just dont see what i should tell them to do besides get a lawyer. is this something more serious than i thought? probation for bumbing into someone seems very steep. also if they found a tape that showed that i had not come into any contact with her and she had lied what will her punishment be?

joejoe said:

well my parents know about it beacuse they had to pick me up. and i told them the whole story and they understood i just dont see what i should tell them to do besides get a lawyer.

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What would you expect them to do? There really is nothing even an attorney can do until the charges come down. For all anyone knows, the DA may choose not to press charges, or the Probation Department may opt to cut you a break with a warning or offer summary probation (i.e. keep cleal for 6 months or a year and it goes away).

A lot will depend on your attitude and any prior contacts you have with the police ... and any prior criminal history.

also if they found a tape that showed that i had not come into any contact with her and she had lied what will her punishment be?

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It depends if they can prove she lied. If it is clear that no contact was made, then the DA may opt to press charges for filing a false police report. Don't count on that, though. If you even brushed her, it could still qualify as battery.

- Carl