Assault and Battery - Essay Example

Would it produce great bodily harm? If the answer is yes, then this is a felony charge with a sentence of up to 4 years and a fine of up to $10000 and not the $100000 compensation demanded by Davis. Compensation would preempt prosecution if they settle out of court. The use of violence on Davis by Karel leading to arm dislocation is a simple battery and can be charged as a misdemeanor or a felony. (California penal code section 242-243). There was body contact which led to injury, although no weapon was used. We can also contend that Lewis was a first offender with no record of violent temperament. We would also need to establish whether Lewis and Karel were intoxicated during the commission of offensiveness, such that, we can argue on temporary insanity occasioned by intoxication. Even if these offenses were committed in Malcolm parker’s premises, he is not the assailant and when push comes to shove, the assailants should be arraigned, charged, and sued for compensation and redress.