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Can I be charged for challenging someone to fight? What does the prosecution need to prove and what is the punishment?

By Walin & Klarich

Under the California Penal Code section 415 (1), for the defendant to be found guilty of this crime, the People must prove that: 1. The defendant willfully and unlawfully fought or challenged someone else to fight;and; 2. The defendant and the other person were in a public place when the fight occurred or the challenge was made;and; 3. The defendant did not act in self-defense. This can be charged as an infraction and a misdemeanor. If charged as a misdemeanor, and the person is found guilty, then in conjunction with any sentence, an informal or court probation could also be enforced through the court. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 16, 2011 (boomark / email).