Visitor Question

Falsely accused of battery when I was the victim…

Submitted By: Scott (San Francisco, CA)

I was walking through the public park when employees who were setting up for an event told me I couldn’t walk on through because they were setting up for an event, “Outsideland” which is a music festival due to start next weekend.

I told them the sign said it was closed to vehicles not pedestrians. After arguing for 15 minutes with a male and female employee who blocked my path, two male employees rushed over and started punching me, knocking me to the floor and continuing to punch me.

When the cops arrived, they claimed I attacked the female employee and the other employees, despite the fact that none of them had a single mark or injury.

The cops issued me a citation for misdemeanor battery and said I could not press charges or file a report against the employees at that time and that the matter would be settled at court. I was transported to the hospital for blood loss, possible broken nose, dizziness and head contusions.

Can I press charges? What recourse do I have against these people assaulting me? Thank you for any help you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Scott,

It is difficult to believe the two male employees assaulted you for no reason.

An assault charge does not require evidence of a striking. A mere threat of violence is sufficient to have committed the crime of assault. The applicable California Assault statute, Section 240-248 states in part:

“An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Why you decided to argue for 15 minutes with a male and female employee is questionable. If you had taken a minute to think, you would have realized the reason you were denied admission was to protect you from injuries you might sustain while the employees were setting up for the festival.

You can attempt to press charges, but unless you have a witness who can substantiate your side of the story, it is likely the police will decide there is no basis for a claim of assault.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 15, 2017

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