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+--- Thread: California assault laws between siblings? (/thread-11759.html)
California assault laws between siblings? - Tiffany - 10-15-2012 08:03 PM
If I am a 44 year old male and I decide to hit my 50 something year old brother, because he said something way out of line on my daughters Facebook page, what would the consequences be in the state of California. I've had numerous amounts of physical and mental abuse by him through out my child hood by him, and honestly I've just about had it with him. This was the last straw, and he deserves something. THIS IS OBVIOUSLY FOR SOMEONE ELSE AND NOT MYSELF
- Frank - 10-15-2012 08:12 PM
You will be arrested and charged with battery.
Try to convince the jury that it was just horseplay, which is an exception to battery.
- ca_surveyor - 10-15-2012 08:12 PM
If you hit your sibling without equivalent provocation, (he hits you and you are in a defensive mode) then you are guilty of assault.
Past issues are just that.. past. And what he writes on his nieces facebook page is either free expression or libel. but neither is justification for assault.
The law more or less says that ".. mere language alone is not justification for..(an assault).."
- RE - 10-15-2012 08:12 PM
If you decide to commit [premeditated] assault, it won't be because of his posting something inappropriate on your daughter's Facebook page but because of your pent-up rage over years of abuse. Sorry, but that is not considered an excuse for physical retaliation, and you would be prosecuted to the full extent of the law. Any time you take the law into your own hands, you lower yourself to the level of the person you are attacking, and the law will not be kind to you.
- Yup - 10-15-2012 08:12 PM
hot chicks with big boobs and sexy smart glasses are exempt