Criminal Battery: Rihanna's Ex, Chris Brown ... - Ebitu Law Group, PC

Criminal battery is one of the common charges we criminal defense lawyers have to defend in criminal courts.

The story usually goes like this, ?Person A said X, Person B did not like it. They got into a brouhaha, the next thing you know, someone is throwing a bottle etc. Yes, Person A, B or both were drinking and before you know it, they got physical.? Other times, as is explained in the facts before us, it is a fight over ex-girlfriends etc. Either way, there are a couple of things to know about California criminal law specific to battery. But first, the legal news giving rise to this discussion:

?Chris Brown sustained a nasty gash on his chin ? apparently a wound from a bottle attack ? after his entourage allegedly clashed with Drake?s crew in a NYC nightclub brawl.

TMZ has confirmed with the NYPD that the two singers? crews got into a fight at WIP nightclub ? 5 people were injured in the melee.

NYPD arrived on the scene after receiving a call between 4 and 5am. Chris and Drake were not present when cops arrived.

We?re told there were no critical injuries ? just bumps, bruises and lacerations. No arrests were made.

After the fight, Brown tweeted a photo of his injury ? along with the message, ?How u party wit rich n**** that hate? Lol? Throwing bottles like girls? #shameonya!.?

The photo and the message have since been removed from Brown?s Twitter page.

There are reports the two started throwing blows (and bottles!) over Chris? ex girlfriend, Rihanna, who Drake is rumored to have hooked up with. . .? TMZ.

CALIFORNIA PENAL CODE SECTION 242 -BATTERY

When you punch, hit, bite, scratch, spit, throw an object (bottles etc.), water, drink etc. at a person, you have committed battery. Essentially, battery is the illegal use of force on another person which causes bodily injury or is deemed an harmful/offensive contact.

There are important elements that the Prosecutor (DA) will have to prove in a battery case to get a conviction against you.

Intent: You could INTEND to commit battery or it could be un-intentional aka criminal negligence.

Indirect Application of Force: Remember I said you could throw an object or substance i.e. water or drink at someone one and that could still constitute as battery? So, your takeaway is that you need not directly use force against someone to get battery.

Defenses:?In California, ?you would be charged with California Penal Code section242.

Typically, when criminal defense attorneys like the lawyers here at Ebitu Law Group, P.C. take on your matter, we listen to you to ascertain what defenses there might be, if any, applicable to your actions.

Defenses include:

• It was an accident
• He/she consented
• I was trying to help someone that was getting beat up
• I am a parent and I have a right to discipline my child

What impact will? a conviction of battery have on you?

• It becomes very tough for you to gain employment
• Sometimes it is also tough to gain housing, and overall is not good on your record.

What Kind of Time Are We looking At?

• Typically 6months in your local county jail
• Fines
• Anger management
• Informal probation, typically.

Does the DA limit the charges to only battery (242)

No. If you cause serious bodily injury, then in California, expect to see a charge of California Penal Code (CPC) 243(d) for aggravated battery and if the object you used could or caused great bodily injury, expect to see CPC 245(a)(1) charge of assault with a deadly weapon most likely to cause great bodily injury. Both sections of the code are usually charged as felonies with steeper implications.

In the current case Chris Brown suffered a cut to his chin. However, there was no arrest made. So, his remedy is to seek a doctor?s help and avoid going to bars where he gets caught up in such brouhaha.

-ELG

For further information on this article, please contact Ms. Uduak Oduok, author of this entry at (uduak@ebitulawgrp.com) or call (916) 361-6506.

Photocredit: Chris Brown self tweeted photo via Entertainmentwise

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