Assault & Battery Is this considered assault?

L

Lemonay

New Member
My girlfriend and I were going to rough time in our relationship. She was emotionally distraught and long story short, she had sex with one of her friends at college. She regretted it, called me the next day, and told me what happened.

I meet up with my girlfriend and I see her neck. It's completely bruised. It looked like someone had chocked her really hard. She tells me it's a hicky. (I have pictures if that would even help)

At this point, I'm boiling with anger. I wasn't mad at my girlfriend, I was mad at the guy who took advantage of the situation and used it to have sex with someone who clearly wasn't thinking straight emotionally.

The guy wanted to meet up with my girlfriend and talk things out. To tell her to get over me. I didn't want to leave her alone with this guy, so we decided on me staying in the car while they talked things out. When the guy comes, he has a friend with him hiding behind one of the cars. They don't realize that I can clearly see him.

My girlfriend and the guy talk for about 30 mins and out of frustration, I decided to walk up to them. I brought a stick with me only for self defense because it was 2 vs 1. I had no intentions of hurting anyone and no one was physically hurt.

I exchange words with him, as my girlfriend is pushing me away and telling me to get back to the car, and after about 3 mins, I leave the area and go back to my car.

He now wants to take legal actions. That I had threatened him and assaulted him.

Would what I did be considered as assault? If so, what are my chances in this case?
 
Possibly, yes, depending on the language of the laws in your state. There is a difference between assault and battery which is largely ignored as terms are usually blended together.
What you describe COULD be an assault, and could also be brandishing. In front of witnesses you bright a weapon expecting a fight. You were the aggressor.
 
Lemonay said:
Maybe. But that's not what I'm here for right now.
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You're on a legal advice forum. I am advising you on a logical (and wise) course of action in your personal life to help you prevent future similar occurrences like that which led to your current legal problem.
 
Here's the California law on assault. The stick gave you the "present ability". Since no one was threatening you or your girlfriend any action to commit violent injury would be unlawful. Since we don't know what you said and did we have no idea if it rose to the level of attempt.

PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]
( Part 1 enacted 1872. )
TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248]
( Title 8 enacted 1872. )

CHAPTER 9. Assault and Battery [240 - 248]
( Chapter 9 enacted 1872. )

240.
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
 
Lemonay said:
He now wants to take legal actions. That I had threatened him and assaulted him.

Would what I did be considered as assault? If so, what are my chances in this case?
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No one can predict what some DA in California will do about a crime that has yet to be reported.

I can tell you that IF the police wish to talk with you, don't say anything that you TYPED above.

You should say, "Sorry, I want a lawyer."

Once you utter those five words, say NOTHING more other than providing your name, age, date of birth, address, telephone number.

The police will try many ploys, no matter what they say or promise, keep repeating "Sorry, I want a lawyer."

If you are arrested and booked cooperate, be polite, don't resist, and don't flee.

Do say the five words, "Sorry, I want a lawyer."

As long as you live NEVER do anything as risky as what you described.
You're not Superman.
What you did could get you killed.
People carry GUNS and BULLETS and not sticks and debris.
What you did could get you arrested or killed.

Be smarter.

Finally, when you get to court (IF THIS GOES THAT FAR), plead not guilty and don't discuss any part of the incident with anyone but your lawyer!

 
Lemonay said:
The guy wanted to meet up with my girlfriend and talk things out. To tell her to get over me. I didn't want to leave her alone with this guy, so we decided on me staying in the car while they talked things out. When the guy comes, he has a friend with him hiding behind one of the cars. They don't realize that I can clearly see him.
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If you hadn't mentioned that your GF is in college, I would wonder if you all are in middle school.

Lemonay said:
I brought a stick with me only for self defense because it was 2 vs 1.
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Huh? First of all, your GF was there too, so it was 2 vs. 2. Second, it wasn't anyone "vs." anyone at this point because, according to what you wrote, there was no contest going on. It was simply one person (your GF) talking to another person who happened to have another person there with him, and then you walked into the area where this was happening. Third, you had no need for "self defense" because you were not under attack.

Lemonay said:
He now wants to take legal actions.
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What does this mean? In what way has he expressed this desire to you, and what exactly did he say? What "legal actions" does he claim to "want" to take?

Lemonay said:
Would what I did be considered as assault?
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Not the way you described it (not even close), but your description was incomplete and obviously self-serving, and I'd bet the other persons involved would describe the situation very differently.

Lemonay said:
If so, what are my chances in this case?
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What case? Nothing in your post should give anyone reason to believe there is or ever will be a "case."

I suggest you cut off all communication with everyone involved in this situation and give serious consideration to continuing your relationship with your unfaithful GF.
 
Lemonay said:
My girlfriend and I were going to rough time in our relationship. She was emotionally distraught and long story short, she had sex with one of her friends at college. She regretted it, called me the next day, and told me what happened.

I meet up with my girlfriend and I see her neck. It's completely bruised. It looked like someone had chocked her really hard. She tells me it's a hicky. (I have pictures if that would even help)

At this point, I'm boiling with anger. I wasn't mad at my girlfriend, I was mad at the guy who took advantage of the situation and used it to have sex with someone who clearly wasn't thinking straight emotionally.

The guy wanted to meet up with my girlfriend and talk things out. To tell her to get over me. I didn't want to leave her alone with this guy, so we decided on me staying in the car while they talked things out. When the guy comes, he has a friend with him hiding behind one of the cars. They don't realize that I can clearly see him.

My girlfriend and the guy talk for about 30 mins and out of frustration, I decided to walk up to them. I brought a stick with me only for self defense because it was 2 vs 1. I had no intentions of hurting anyone and no one was physically hurt.

I exchange words with him, as my girlfriend is pushing me away and telling me to get back to the car, and after about 3 mins, I leave the area and go back to my car.

He now wants to take legal actions. That I had threatened him and assaulted him.

Would what I did be considered as assault? If so, what are my chances in this case?
Click to expand...

I think you need to break up with your girlfriend...she obviously is interested in this guy. She is not worth the drama. She told you to leave and they were talking for 30 minutes - and she's clearly into some kinky stuff. "Emotionally distraught..." that's a good one. Pretty common response when someone cheats.

He can threaten legal action all he wants - until he files a report nothing will happen. I would just stay away from him and your girlfriend quite honestly. If the police call you, you don't have to talk to them and you can get a lawyer. But right now, I don't think there's anything to worry about unless you stay with this woman.
 

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