QUESTION

I was cited for 242 PC battery for throwing water in a drunk man’s face. Is it illegal?

Asked on Feb 13th, 2013 on Criminal Law - California
More details to this question:
I was in a bar, which I am a member and a patron was belligerent and yelling at the bartender. I asked him to stop but he didn’t as a result I accidentally threw water on him and the next thing I was ticketed for battery 242 misdemeanor. Is there a case against me? It was accidental. As a result, the guy has been expelled from this place and they found I did nothing wrong.
Report Abuse
4 ANSWERS
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Feb 19th, 2013 at 11:16 PM
A battery is any touching without the person's permission. Technically, you do not have to touch the person, water thrown at a person or a bullet shot at someone can be an unprivileged touching. The fact that it was water makes it seem silly that a DA would actually file charges.

Report Abuse
n/a
no client reviews
Answered on Feb 19th, 2013 at 11:16 PM
A battery is an intentional touching that is either harmful or offensive. So, there are two issues based on the facts you've described. One, do they have any evidence that this was intentional (e.g., an admission, witnesses, video)? Do you have any evidence to show that it was an accident? Two, is throwing water in a person's face "harmful or offensive". Without researching case law, I can't tell you whether or not courts have previously held water throwing in the face to be either harmful or offensive. It all seems much ado about nothing. It's just water. If the DA's office decides to file charges, hire a lawyer and fight this case.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Feb 19th, 2013 at 11:15 PM
Unfortunately, there is a case against your and you will have to prove that it was an accident and not intentional. I suggest that you hire an attorney.

Report Abuse
  • 5.0/5.0
  • 0
  • 1
n/a
no client reviews
Answered on Feb 19th, 2013 at 11:15 PM
You were arrested for a crime. By definition, the police contend it was illegal. If the DA files those charges, he believes it too. If charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

Report Abuse

Ask a Lawyer

Lawyers from our extensive network are ready to answer your question.

0 out of 150 characters