[CA] Can a battery charge move forward if police declined to arrest and saw no visible injuries?

I'm sorry to hear about the stressful situation you're facing. Can you tell me if you have any previous legal issues or charges related to this matter?

Have you already consulted with a lawyer regarding this notice to appear?

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your notice to appear.

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're facing a notice to appear in Sacramento, CA, related to an accusation from your domestic partner's brother. Could you tell me more about any legal steps you've considered or taken so far? Just a note, this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Could you tell me if you have any evidence or documentation that supports your side of the story? This could be helpful in your case.

Alright, thanks for letting me know. Could you share more details about the notice to appear? Specifically, what charges or accusations are mentioned in it?

Based on your situation, there are several legal arguments and considerations in California that could potentially support your case:

False Accusations: In California, making a false accusation can have serious legal consequences. If you can demonstrate that the accusation of pushing was false, it could impact the credibility of the complainant.

Self-Defense: California law allows for self-defense claims if you felt threatened or were trying to protect yourself. Although you didn't push him, understanding this concept might be relevant if the situation escalated.

Elder Abuse Laws: Given your age, California's elder abuse laws might be relevant if there were any threats or intimidation involved. These laws are designed to protect individuals over 65 from abuse, neglect, or exploitation.

Let me know if you have any questions or clarifications. If not, I'll move forward with guidance.

Here's how you can approach your case:

1. Understand the Charge: Penal Code 242 in California refers to battery, which is defined as any willful and unlawful use of force or violence upon another person. The penalties for simple battery are set out in Penal Code 243. Since the officers indicated they weren't pressing charges, it seems the complainant is pursuing this. Keep in mind that a notice to appear issued under Penal Code 853.6 is a promise to appear in court, not a finding that you committed the offense, and the decision to file charges rests with the District Attorney under Government Code 26500.
2. Gather Witness Statements: Since your granddaughter witnessed the incident, her testimony could be crucial. Ask her to write down everything she remembers about the event, including the behavior of the complainant and the police's response.
3. Consult a Criminal Defense Attorney: It's important to consult with a criminal defense attorney who can provide specific advice tailored to your situation. They can help you understand the charges, potential defenses, and the best course of action.
4. Prepare for Court: Your court date has been set. Use this time to prepare your defense. Your attorney can help you gather evidence, prepare witness statements, and develop a strategy.
5. Consider Mediation or Settlement: If possible, consider mediation or a settlement to resolve the issue outside of court. This can sometimes be a quicker and less stressful option.
6. Document Everything: Keep a detailed record of all interactions related to this case, including any communications with the complainant, police, and your attorney. If the accusation was knowingly false, note that filing a false police report is itself an offense under Penal Code 148.5.

It's possible that the District Attorney (DA) might decide not to pursue the case, especially if there is insufficient evidence or if the police report reflects that there were no visible injuries and the officers didn't see a need to arrest you. Your granddaughter's observations about the aftermath and police interaction could still be valuable, as they might help demonstrate the lack of evidence supporting the accusation. I hope this information helps! If you have any more questions or need further assistance, feel free to ask.

Finding affordable legal representation can be challenging, but here are a few options you might consider:

1. Legal Aid Organizations: Look for local legal aid societies or nonprofit organizations that offer free or low-cost legal services to those in need.
2. Bar Association Referrals: Contact your local bar association for referrals to attorneys who offer sliding scale fees or pro bono services.
3. Law School Clinics: Some law schools have legal clinics where law students, supervised by experienced attorneys, provide legal assistance at reduced rates.

I hope this helps, and if you have any more questions or need further assistance, feel free to ask. Don't hesitate to reach out whenever you need assistance!

Yes, you can request a copy of the police report. This can be very helpful for your case. You can usually obtain it by contacting the police department that responded to the incident. They may have a specific process for requesting reports, so it's a good idea to call them or check their website for instructions. If you have any more questions or need further assistance, feel free to ask!

I'm glad the law school clinics might be a helpful option for you. They can often provide quality assistance at a lower cost. If you need any more guidance or have further questions, feel free to reach out. Remember, you can always come back to our service for help with any legal or other questions you might have in the future. Take care!

You're very welcome! I'm glad I could assist you.