Redondo Beach, Client Punches Ex-Wife's Boyfriend, No File

Our client was charged with one count of Penal Code Section 242, battery, a misdemeanor, after punching out his ex-wife’s boyfriend.  Our client, age 48 and with no prior record, was dumbfounded by the charges, as he was clearly hit first.  Therefore, he felt the District Attorney “got it backwards” in charging the wrong person, or at least that he was innocent due to self-defense, or at the very least, it was a case of mutual combat.

According to our client, his ex-wife’s corroboration of her current boyfriend’s claims made it two witnesses against him, so the police believed our client was the initial aggressor.

The incident leading to the arrest and charges was one where our client’s ex-wife asked our client to stop by her residence to pick up some of his personal items.  Our client arrived with a U-Haul truck on time, only to find that his ex-wife had not set aside the items for pick up and was talking with her new boyfriend.

Our client asked his former wife what items she needed him to pick up and she said “nothing.”  Having driven approximately 40 miles in a large U-Haul truck, knowing that his ex-wife had a truck load of his possessions, he responded, “This is BS.”

Our client believed his ex-wife had set up the time for the pick up and then deliberately chosen to do nothing to frustrate him for fun.  She had apparently done this before in other contexts, just to see him get angry.

After our client said, “This is BS,” from out of no-where, the boyfriend hit our client across the jaw, causing our client to bleed.  Our client looked over at the boyfriend, who was apparently standing in an aggressive posture as if to continue fighting.  Our client then decked the boyfriend in one punch, knocking him to the ground, where he remained until paramedics arrived.

Police arrived and asked the ex-wife who hit who and she said our client just hit her boyfriend for no reason.  The boyfriend said the same thing.  The police then arrested our client and charged him with battery.

Our client then hired Greg Hill & Associates.  Greg Hill bombarded the Redondo Beach City Attorney with the transcript from the hearing on the civil temporary restraining order sought by the boyfriend against our client, which the judge denied, and letters of admiration for our client as a peaceful person. 

At the hearing on the TRO, the boyfriend had testified under oath to a totally different set of facts, wherein he admitted to punching our client first and then claimed our client hit him back, but far too hard.  The judge heard this and asked him, “well, then it was self-defense so he would not be hit a second time?”  The boyfriend responded, “no, it was not necessary.  I just wanted to punch him once.”  The testimony was completely different than in the police report.

Two days before the arraignment, the Redondo Beach City Attorney announced that she would not file charges.  Our client was extremely relieved, as he had a profession with a license from the State of California that might have been subject to discipline had he been convicted.

For more information about the issues in this case summary, click on the following articles:
  1. How Do I Have My Arrest Record Sealed and Destroyed?
  2. Fingerprint Records Must be Destroyed if the Court Grants a Petition for Factual Innocence (Penal Code § 851.8).
  3. What Can I Do About My Criminal Record on the Internet When The Court Dismissed My Case?
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