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Assault/Battery Charges

A

ArchCenturion

Senior member
A couple days ago I was teasing my brother (I grabbed above his knee and would squeeze it cuz hes ticklish there) , and he punched me in the neck, then I told him that if he did something like that again that i would hit him back, only it would be alot harder. Then he mocked me, and i was a little annoyed so i backhanded him across the mouth. It was a good solid back hand and it definitely shut him up, but he has braces, so both my hand and his mouth were bleeding a little.

Later that night my parents asked him why he had a fat lip, and he told them that i had punched him. My parents sat me down and argued with me for a bit on what had happened and then told me that i was no longer welcome to live there and i had to move out immediately for one month. I told them they were being assholes, and to let me move out in the morning, I wasnt going to leave. Then my mom said she would call the cops, and I was thinking to myself wtf, but i said to her "do it" then shes like "you DONT want me to go there.." and i said " I dont give a ******.." I wasnt yelling or anything, i was pretty calm. Then she started to say something else, but i walked off midsentance to start getting my crap together. I was thinking to myself that if the cops did come, I wanted to have most of my personal belongings in my car. Then she came upstairs, and told me that I would not like the repercussions if they got the cops involved because they could charge me with assault/battery. I was thinking to myself that this was a bunch of bs.


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

http://www.leginfo.ca.gov/cgi-bin/displ...ion=pen&group=00001-01000&file=240-248

So my question... Is me backhanding my brother in retaliation considered assault?
And what is a "Violent Injury" because a bloody lip because of the braces being there really doesn't seem to violent to me.
 
By teasing your brother like that in the first place, you were showing a lack of respect. He went to defend himself and you escalated it. You do realize that you started it, don't you?

Part of your problem is that you seem to think you've done nothing wrong. And maybe over the years, your parents have contributed to your apparently poor relationship with your brother and are now trying to remedy that.

It sounds to me like what you all need more than anything else is family counseling.
 
Originally posted by: ArchCenturion
An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another

http://www.leginfo.ca.gov/cgi-bin/displ...ion=pen&group=00001-01000&file=240-248

So my question... Is me backhanding my brother in retaliation considered assault?
And what is a "Violent Injury" because a bloody lip because of the braces being there really doesn't seem to violent to me.
Click to expand...

Yes, it's assault and battery.
 
Originally posted by: Isla
By teasing your brother like that in the first place, you were showing a lack of respect. He went to defend himself and you escalated it. You do realize that you started it, don't you?

Part of your problem is that you seem to think you've done nothing wrong. And maybe over the years, your parents have contributed to your apparently poor relationship with your brother and are now trying to remedy that.

It sounds to me like what you all need more than anything else is family counseling.
Click to expand...

Yes I realize that i started it, and by backhanding him i escalated it, my question is not if i was wrong, because i realize that i was, and i apologized to him for it, but more of a lawyer type question, of what is actually "Violent Injury." It doens't seem violent to me. There was no threat to his life.
 
uhhh, why are you tickling your brother's leg?
Is there some sort of sexual thing involved with this? I don't know of any males who are old enough to be kicked out of their homes who go around tickling their brothers.
 
Originally posted by: j00fek
most of you act like brothers/sister never hit each other cmon...
Click to expand...

I have only been slapped by my sister once. I was way too irate at her at the time, and she slapped me, and I shut up almost immediately from the shock.

Other than that I have never laid a finger on my sister in violence and she has never either. She is my older sister though. It is much different with brothers, as with my friends who have brothers.
 
Originally posted by: ArchCenturion
Originally posted by: moshquerade
how old are you?
Click to expand...

23.5 Im in my last quarter of undergrad
Click to expand...
why aren't you living on campus or something?

time away from your parents and they from you would be helpful. it sounds like your actions, even more than clocking your brother, have put them over the edge.
 
Originally posted by: j00fek
most of you act like brothers/sister never hit each other cmon...
Click to expand...


As a parent, it is my responsibility to make sure my children know that they must be respectful of themselves and each other. On the very rare occasions that one of my kids has tried hitting the other, I came down pretty hard. Consequently, they don't mess with each other. They know they are on the same team, not warring factions under my roof. If they want to unite against a common enemy, the common enemy is me! 😀
 
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