Occupy L.A. Protester Arrested for Spitting on Police Officer

December 2, 2011

Los Angeles - This past week the Los Angeles Police Department performed a massive raid evicting the Occupy L.A. encampment in front of L.A. City Hall.

The raid with off without any major incident, however there were a handful of arrests made.

One protester was arrested for allegedly spitting in a police officer's face and is now facing charges of assault and battery, according to media reports.

Irvine criminal attorney Michael L. Guisti explains that it's lucky the protester in question didn't receive additional charges like assault of a police officer or making criminal threats, but the assault and battery charges are serious enough.

It's very important to understand if you're being charged with assault and battery you need to know those are two separate crimes, which means two separate charges, says Guisti.

Assault is when you don't make physical contact towards another person, but you had the ability and there was the intent, where as battery is when you made actually physical contact, according to Guisti.

It's very important to understand to be charged with battery it doesn't matter if you barely tapped the person, only that you touched the person in a harmful matter, says Guisti.

Of course what could be considered a harmful matter is always up for debate and never always clear, which is where a criminal defense attorney comes in, says Guisti.

In this case the suspect could have been allegedly threatening to harm the officer, which invited the assault charge, and allegedly spitting on the officer brought on the battery charge, says Guisti.

In a lot of domestic violence situations the suspect is often charged with assault, battery and making criminal threats, says Guisti.

Assault is a misdemeanor and an experienced attorney can work to possibly get that charge dismissed, according to Guisti.

Battery can be charged either as a misdemeanor or felony and in this case spitting shouldn't warrant a felony charge, which is why this person should have an expert lawyer who can get the charge reduce, says Guisti.

Assault and battery are serious charges, and if you've been arrested for this crime you need to contact the Orange County assault and battery attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Whether these charges are the result of a domestic violence situation, a fight at a club or bar,or just some incident, you must call us, because our attorneys have over a decade of experience successfully winning cases for our clients, and we want to take your case.