Assault and Battery

What is the name of your state? California

My friend "Bob" got involved in a fight while while it was lunchtime at his high school. He was off campus at a nearby liquor store where he saw somebody who wanted to beat him up. Bob went up to the person and the person spit on him and scratched him. Bob fought back, leaving him with some injuries and let him walk off. The fight took place on the sidewalk by the store and many people saw it and most likely called the police. The school found out and an ambulance was even called over, the police also went to his house but he wasn't there at the time. He has no idea what the he is charged with, but most likely it is felony battery and assault.

I have a few questions:
Can he argue that it was out of self-defense?

What things should my friend tell(and not tell) the school/police?

Should he press charges?

Can he argue that it was out of self-defense?

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How could it possibly be self defense when he purposely walked over to the other combatant to get his azz kicked? If anything, he's a glutton for punishment.

sadture said:

Bob went up to the person and the person spit on him and scratched him. Bob fought back, leaving him with some injuries and let him walk off.

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What did Bob say to instigate the spitting?

The fight took place on the sidewalk by the store and many people saw it and most likely called the police.

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That does happen.

The school found out and an ambulance was even called over, the police also went to his house but he wasn't there at the time. He has no idea what the he is charged with, but most likely it is felony battery and assault.

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What makes you think it was a felony? Felony battery tends to require injury requiring medical attention. if the ambulance and ensuing treatment was required, then it may well be a felony.

I have a few questions:
Can he argue that it was out of self-defense?

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He can argue anything he wants. Whether a court will buy it or not is another story.

If he beat the guy to the ground even after the spitting was over, self defense is not likely going to fly. You have a right (arguably) to defend yourself and prevent further assault, but you don't have a right to beat the holy heck out of someone BECAUSE he spit on you.

What things should my friend tell(and not tell) the school/police?

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Your friend needs to talk to an attorney. The school can compel him to write an administrative statement on the incident, so he needs to consider what he will do. If he refuses, he can be suspended. But, he will likely be suspended anyway. And anything he writes to the school will almost certainly be turned over to the police.

Should he press charges?

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If a police report has been filed, then his account is on record. Note that HE doesn't "press charges", the District Attorney does. His parents can call the police and ask that the other kid be charged for the spitting, but no one can compel the DA to do anything.

- Carl

I'm not a Lawyer, so don't expect my answer to be correct, but spitting is considered assault, so possibly arguing self defense would be the most reasonable thing to do? I'm asking would the court buy that?

Elias said:

I'm not a Lawyer, so don't expect my answer to be correct, but spitting is considered assault, so possibly arguing self defense would be the most reasonable thing to do? I'm asking would the court buy that?

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In my state if it landed, it would be battery.

However, self defense usually requires that the counterattack be designed to prevent or ward off an attack, not retaliate AFTER the fact. Once the spitting had been accomplished, a court (and the OP's state law) might consider that the the OP's friend could have withdrawn ... not sure.

here are some things to consider in a self defense allegation:

Self-Defense
Self-defense is based upon "justification" for the suspect's assaulting the victim; i.e., the suspect was reasonably apprehensive that the victim was going to assault him, so the suspect had to defend himself.​

It will come down to state law in the jurisdiction where it occurred. I see this as being more of a mutual affair, myself.

- Carl