Assault & Battery Case

[inpursuit]

Susie was involved in an argument with someone she rents a house with, and it escalated from there. Susie told me she pushed Anne, and Anne pushed her back. It went back and forth a bit and then Susie slapped Anne. This led Anne to call the police and file a report.

While the police were there, they took Anne's statement down. Susie had wished to stay silent, thereby refusing to give her side of the story. I'm not sure if this was before or after she was Mirandized. In the end, the officer gave Susie a slip saying that she had to show up for court. Also, that she would have to turn herself in before the court date.

I'm not familiar at all with assault and battery cases, so I would really appreciate any information and advice you guys have to offer.

1) Both our concerns are regarding the police report. Once the officer left the house, Susie overheard Anne and her friend, for lack of a better word, scheming to get Susie in worse trouble. Their plan was to actually pretend that Anne suffered whiplash from the slap . Anne and her friend turn out to be related. Should Susie have given a statement at the time this situation had happened? I had always thought it's usually the guilty party that stays silent, so I'm guessing that it doesn't look good in Susie's favor?

Is Susie guilty of hitting Anne? Yes. She will admit it when she appears in court. She is afraid that the judge will believe Anne's trumped up version of the story, though.

2) Susie will follow the court's procedures and ruling when that time comes. What do you think the outcome will be for her? We live in California, by the way.

3) I thought it to be strange that she was Mirandized, but not taken in. Also, that she had to turn herself in before court. Is this possible?

[retdetsgt]

Being given Miranda has nothing to do with her being taken in or not. In some areas, they would have booked her, in others the jail space situation doesn't allow it. Or it's just that department's policy.

If she pushed Anne and slapped her, then I guess she's guilty. Anne will probably need a medical record to show that she suffered worse injuries.

She was given an opportunity to give her side of it and declined, certainly her right.

[scott715us]

From your story it doesn't sound like Susie was in custody that would even require Miranda to be read. Honestly if Susie initiated the physical contact first, then she would likely face charges. Whether she wanted to make a statement was up to her, but it's not up for the officers to decide guilt. Only if there was enough evidence to issue the summons, which they did. As far as the whole "whiplash" story, that wouldn't fly. Anne didn't go to the hospital and even if she does at a later time, any half-decent evaluation on the doctor/nurse's part will show that no serious injury ever occurred. Claiming "whiplash" is not going to make a criminal charge any worse, especially in the situation you described. If she was not booked (i.e. jail) and was given a court date, it sounds like she was issued a criminal summons to appear. She and Anne will hash it out in court in front of a judge. Worst case scenario in my jurisdiction would be some probation and possible anger management classes for Susie, but I'm in TN not California. Susie needs to control her temper.

[L-1]

Susie was involved in an argument with someone she rents a house with, and it escalated from there. Susie told me she pushed Anne, and Anne pushed her back. It went back and forth a bit and then Susie slapped Anne. This led Anne to call the police and file a report.

While the police were there, they took Anne's statement down. Susie had wished to stay silent, thereby refusing to give her side of the story. I'm not sure if this was before or after she was Mirandized. In the end, the officer gave Susie a slip saying that she had to show up for court. Also, that she would have to turn herself in before the court date.

I'm not familiar at all with assault and battery cases, so I would really appreciate any information and advice you guys have to offer.

1) Both our concerns are regarding the police report. Once the officer left the house, Susie overheard Anne and her friend, for lack of a better word, scheming to get Susie in worse trouble. Their plan was to actually pretend that Anne suffered whiplash from the slap . Anne and her friend turn out to be related. Should Susie have given a statement at the time this situation had happened? I had always thought it's usually the guilty party that stays silent, so I'm guessing that it doesn't look good in Susie's favor?

Is Susie guilty of hitting Anne? Yes. She will admit it when she appears in court. She is afraid that the judge will believe Anne's trumped up version of the story, though.

2) Susie will follow the court's procedures and ruling when that time comes. What do you think the outcome will be for her? We live in California, by the way.

3) I thought it to be strange that she was Mirandized, but not taken in. Also, that she had to turn herself in before court. Is this possible?

Based solely on your version of events and that this occurred in California:

1. Susie pushed Annie. In doing so, she committed a battery.

2. Annie pushed Susie back, a reasonable level of self defense. No harm, no foul on Annie's part.

3. Susie escalated the matter by slapping Annie. In doing so, she continued in the commission of a battery.

4. Annie withdrew to an area of safety and called the police. Good move on her part.

5. On arrival, the police interviewed Annie who reported that she was the victim of a battery. Susie refuses to make a statement. In determining what happened, the only thing the police had to go on was Annie's unrefuted allegation that Susie unlawfully struck her (which she apparently did).

Susie and Annie share a house. Under California law this makes the matter a domestic violence issue. It sounds like Annie had no visible injuries, so the police inform her of her right to make a citizen's arrest. Annie does so and the police issue Susie a citation that requires her to go to the police station for booking prior to her court appearance.

Should Susie have told the police her version of events? What could she say - that she pushed and slapped her roommate in violation of the state's battery laws?

The whiplash is irrelevant to the criminal matter. It would only have meaning if it was something serious enough to cause great bodily injury or death. Whiplash doesn't even come close. However, it may have some standing in civil court should Annie sue Suzie for any medical treatment she seeks in connection with that injury.

What do I think the outcome will be? Surely you jest! Based solely on your version of events Susie is guilty of battery and will be found as such unless she perjures the crap out of herself. She needs to put on her big girl panties and take per punishment.

My advice? Susie needs anger management classes and a new roommate.

[inpursuit]

She was given an opportunity to give her side of it and declined, certainly her right.

Will this look look bad in the judge's eyes? Or does it not have any affect?

[inpursuit]

From your story it doesn't sound like Susie was in custody that would even require Miranda to be read. Honestly if Susie initiated the physical contact first, then she would likely face charges. Whether she wanted to make a statement was up to her, but it's not up for the officers to decide guilt. Only if there was enough evidence to issue the summons, which they did. As far as the whole "whiplash" story, that wouldn't fly. Anne didn't go to the hospital and even if she does at a later time, any half-decent evaluation on the doctor/nurse's part will show that no serious injury ever occurred. Claiming "whiplash" is not going to make a criminal charge any worse, especially in the situation you described. If she was not booked (i.e. jail) and was given a court date, it sounds like she was issued a criminal summons to appear. She and Anne will hash it out in court in front of a judge. Worst case scenario in my jurisdiction would be some probation and possible anger management classes for Susie, but I'm in TN not California. Susie needs to control her temper.

I'm glad that the whiplash story will not hold up in court. Laughable, at best. But yes, Susie does regret her actions now and accepts any future punishment. She learned her lesson, and so did Anne.

[L-1]

Will this look look bad in the judge's eyes? Or does it not have any affect?

There are a lot of reasons for remaining silent. Consciousness of guilt is a biggie, but there are legitimate reasons as well. I don't think anyone here will help formulate Susie's defense. Let's just say it will all depend on how she presents herself in court.

You have to remember, this is not the crime of the century. Either Susie hit Annie or she didn't. Based on how you described it, there's not a lot of justification for her actions and not a lot she can say in her defense. The judge is not going to care about whether one insulted the other, or which one was late with the rent, or didn't who clean up after themselves. You don't go around pushing and slapping each other. It's that simple.

[inpursuit]

Should Susie have told the police her version of events? What could she say - that she pushed and slapped her roommate in violation of the state's battery laws?

The whiplash is irrelevant to the criminal matter. It would only have meaning if it was something serious enough to cause great bodily injury or death. Whiplash doesn't even come close. However, it may have some standing in civil court should Annie sue Suzie for any medical treatment she seeks in connection with that injury.

What do I think the outcome will be? Surely you jest! Based solely on your version of events Susie is guilty of battery and will be found as such unless she perjures the crap out of herself. She needs to put on her big girl panties and take per punishment.

My advice? Susie needs anger management classes and a new roommate.

Well, if she had told them exactly what happened, even though it incriminates her, she would be protected against whatever else Anne concocts in her story, no? Because now, as I found out 10 minutes ago, Anne is trying to tack on harrassment charges on Susie. Some unrelated event about Anne finding a note on her car while it was parked in someone else's driveway (not Susie's). I mean, the lengths Anne is going to is almost laughable if it weren't the fact that it's happening to my friend.

Maybe I didn't make myself clear. She will abide by whatever decision the judge reaches. Asking what the outcome would be was to get an idea of what she's looking at, ie. anger management classes, jail time, a fine, things of that sort.

[inpursuit]

There are a lot of reasons for remaining silent. Consciousness of guilt is a biggie, but there are legitimate reasons as well. I don't think anyone here will help formulate Susie's defense. Let's just say it will all depend on how she presents herself in court.

You have to remember, this is not the crime of the century. Either Susie hit Annie or she didn't. Based on how you described it, there's not a lot of justification for her actions and not a lot she can say in her defense. The judge is not going to care about whether one insulted the other, or which one was late with the rent, or didn't who clean up after themselves. You don't go around pushing and slapping each other. It's that simple.

I do agree with you 100% on this

[L-1]

Well, if she had told them exactly what happened, even though it incriminates her, she would be protected against whatever else Anne concocts in her story, no? Because now, as I found out 10 minutes ago, Anne is trying to tack on harrassment charges on Susie. Some unrelated event about Anne finding a note on her car while it was parked in someone else's driveway (not Susie's). I mean, the lengths Anne is going to is almost laughable if it weren't the fact that it's happening to my friend.

Maybe I didn't make myself clear. She will abide by whatever decision the judge reaches. Asking what the outcome would be was to get an idea of what she's looking at, ie. anger management classes, jail time, a fine, things of that sort.

California has no harassment law. Again, based solely on your version of events this is nothing more than a urinating contest between two females. The police and the courts are fairly good at seeing through BS such as this. If Susie is really worried, she needs to hire an attorney who will deal with the petty she said/she said crap in short order. If nothing else, it's worth the money just to put her mind at rest.

[L-1]

Sentence will depend on her prior criminal history. If she has none and doesn't give the judge some self serving BS story, most likely probation, anger management, etc. If she has priors, it will depend on what they are for and I would not want to guess.

[retdetsgt]

Will this look look bad in the judge's eyes? Or does it not have any affect?

Legally, exercising your constitutional rights cannot be used against you. Judges often instruct juries that they cannot make any assumptions based on the defendant didn't testify in their own behalf.

[greg72982]

Understand that by Susie not giving her side of the story, then police can then only go by Anne's story and charge according to that. Believe it or not sometimes the other half can help their case by talking, especially in cases like this because there is ALWAYS parts left out by each side. Everyone wants to tell things and make them look like the good guy.

[marinepilot]

Understand that by Susie not giving her side of the story, then police can then only go by Anne's story and charge according to that. Believe it or not sometimes the other half can help their case by talking, especially in cases like this because there is ALWAYS parts left out by each side. Everyone wants to tell things and make them look like the good guy.

Like Greg said, it would be in Susie's best interests to talk to the investigating officers, even if she did admit to hitting Anne. The officer would want to know what events led up to the hits. They could very well be extenuating circumstances or possibly lead to a determination of mutual combat. For instance, was Anne needling Susie about maybe sleeping with Susie's man, maybe in Susie's room when Susie wasn't there, and in Susie's bed? Giving gory details and making Susie crazy with rage? Or was Anne making physical movements like she was going to strike Susie first in an attempt to get Susie to go over the edge? All could be determined to be mitigating, or even show that Anne is the primary aggressor. While they may not have changed the outcome, at least her story would be on record at the hearing before the judge.

Things are not always as they seem on first look. I've had women call saying their husband beat them, and when I get there, the woman does have a bloody lip or something like that. But when I look at the guy he's covered in bruises and blood. Makes ya say "Hmmmmm." Seems that good old wifey was the primary aggressor and gets to take the ride with me, much to her dismay seeing as how she called.

By remaining silent, while perfectly within her rights, Susie missed a great chance to get her story told early and often.

[greg72982]

Yes and the victims will usually go out of their way to portray the accused as bad as they possibly can because, again, it makes them look better. The police may be thinking Susie is the devil herself right now.

Bear in mind though I'm speaking about cases like this though not serious crimes where there are serious injuries. Working in a small town we deal with alot of these kinds of cases. They aren't usually outright brawls, just one person trying to get one over on the other person. It's great being used as a pawn in childish games but I digress...