Assult please help.

[riguy5000]

Hello My name is Edward and the state is California.
3 days ago i was assaulted and i was wondering if any one can give me a right advise.
i own a business and did some work for another business. the business that i did work for they didnt pay 4 invoices dating from Sep. i called numerous times and also email. the last time i spoke with the owner she stated that i will get paid when she will get paid, i told her this is not the way to do business..... she end up hanging the phone. i emailed for the last time and told them ill file a law suit against them if they dont pay by a curtain date. they never did so my and my brother decided to stop by the store to discuss the matter and at least get a date for the payment. when we arrived at the store we walked to the counter and there was a customer i think. so we went to the side and as soon as the owner saw us she said put the invoices on the counter to take a look. but i didnt come to bring her the invoices i came to talk to her about it. i said i am her to talk with you about it , you havent been paying sense sep this is unacceptable... then her husband who dealt with the customer yelled get out of my store. i said let me explain to you i got employees i got to pay. i need you a check or tell me when the payment will be made. then all of the sudden he charged at me pushing me, then he grabbed me by the neck and start laying punches to my face. at that moment i started punching him in the face too. my brother that was standing next to me tried to separate us then the owner started to punch him. when i saw that i continued to punch him in the face. then at one moment i came to my senses and grab my brother and ran out then his wife ran at too and charged at me. i dont remember if she punched me but i remember punching her them she charged at me. then she stopped and went inside. i dialed 911 and told them me and my brother were assaulted. the sheriff and 6 others came by. we were out side and the sheriff asked us did we called the cops i said we did and he repeated it because he didnt think it was us. he asked us what have happened i told this the story. then he went inside and interviewed the customer and the owner i think i dont know since i was out side. he did that for an hour. when he was going inside i told him take a look at the cameras and also the female owner took a video just before the incident. when the sheriff came out he went to his car and came with a misdemeanor and gave it to me. i was in shock i asked how come you giving this to me. he said you hit him and hit her. but i wasnt the first one to hit them i was trying to protect my self. i believe it was because i am not an American and have an accent and also i ma in my 30th unlike the owners of the place in the 60th. i want to see the video that was recorded on the security camera and the phone. what should i do please help. Thank You

 

[Zigner]

Frankly, once you were told to leave, you should have left. At that point, your refusal to leave meant that you were trespassing, and I would imagine that the business owners' contention is that they were merely protecting their property. You may wish to seek the advice of a local criminal defense attorney.

 

[CdwJava]

It is likely that the store owners asked to have you arrested. Under California Penal Code 837, if a party wishes to make a private person's arrest, an officer has to accept the arrest. In this case, since battery is a misdemeanor pursuant to PC 242, you were issued a notice to appear for the offense. Whether they will prevail in court or not depends upon the evidence and the statements of all the parties. You should hire an attorney and allow that attorney to begin the discovery process. This discovery process will include reviewing any evidence, including any videos.

 

[riguy5000]

thank you for your replies. my PC 243(a) . so i understand clearly if the owner of a business tells me to leave, and if i havent left right away then he can assult me. i told him to call the police but he ended up assaulting me. also he is leasing the place.

 

[FlyingRon]

It matters not if he owns it or leases it. He was the tenant in control and had the authority to tell you to leave.
Whatever your civil grievance with the other party is, doesn't give you the right to trespass. You have no right to "tell your story" when you are trespassing in someone's property. It doesn't work that way.

He hit me first doesn't work well with your mommy, it won't work it court. Mutual brawling is NOT legal either.

You need a lawyer as your knowledge of the law is woefully deficient and you are facing serious charges.

 

[CdwJava]

thank you for your replies. my PC 243(a) . so i understand clearly if the owner of a business tells me to leave, and if i havent left right away then he can assult me. i told him to call the police but he ended up assaulting me. also he is leasing the place.

PC 243(a) is the penalty section for misdemeanor battery per PC 242.

While the law does not specifically permit battery against someone refusing to leave their property when requested, there may be articulated circumstances that might provide some measure of justification. He may be claiming you assaulted him or his wife first and that his actions were self defense, or something else. We don't know. Your attorney will have access to the police report and any evidence and can best advise you.

Once you were told to leave and you refused, you committed the misdemeanor crime of trespassing. In general, the victim or a witness could use "reasonable" force to detain you for the police. Whether the owner's actions fit that bill, I cannot say.

Your best bet is to speak to that criminal defense attorney.

 

[not2cleverRed]

thank you for your replies. my PC 243(a) . so i understand clearly if the owner of a business tells me to leave, and if i havent left right away then he can assult me. i told him to call the police but he ended up assaulting me. also he is leasing the place.

You had choices. You made bad ones.

1) When you give a deadline to pay or face a lawsuit, and that date passes... You file a claim at court, you don't go over to the business to "talk about it".

2) When you go over a business to "talk about" a $ issue (or any business issue) and there is a customer present, you politely wait for that customer to finish.

3) When the proprietor of a business yells you to get out of the store, you get out of the store, and conclude that should take your dispute to court.

4) When someone punches you, retreat and call 911 to report them for assault. Do not punch back, and especially don't have a 2 on 1 brawl with a senior citizen when you're a 30 something - it makes you look like a bully.

There is a song that would be worth familiarizing yourself with: "Let There Be Peace On Earth":
Let there be peace on earth
And let it begin with me.
Let there be peace on earth
The peace that was meant to be.
With God as our Father
Brothers all are we.
Let me walk with my brother
In perfect harmony.

Let peace begin with me
Let this be the moment now.
With every step I take
Let this be my solemn vow.
To take each moment
And live each moment
With peace eternally.
Let there be peace on earth,
And let it begin with me.

 

[FlyingRon]

And even in California, there's enough of a castle doctrine to allow people to defend themselves against people threatening them on their own property. Even if he swung at you first, if he argues you were threatening him, he will likely prevail.

All we are saying is give peace a chance