would a simple battery affect RKBA & CCW?

[gunsmith]

a close personal friend was arrested and charged with simple battery , a misdeameanor and released ROR, he feels bad about it and is signing up
at a local church for anger management.
He is generally friendly and a cab driver, a streetish kind of gal
got into his cab and had been cursing him out during the ride
and she bolted from the cab without paying , he caught her there was a fight
and he whacked her on the knees with a big mag light.
He says he only whacked her after she scratched his face but a witness says different. He told me that a SGT told him he would get a felony tacked on if her injuries were worse then they appeared after she went to the hospital...
I told him that a felony would mean he will have to surrender his ccw and his other guns (jail time too I presume) but I have no idea about simple battery, he is really bummed about the whole thing as he was about to test for the police dept and feels bad about hurting her. He has to show up for court next week and has signed up for anger management at a Christian Church he goes too...
So my questions are will a simple battery which is misdemeanor affect his chances at LE work and his RKBA?
He doesn't feel he needs a lawyer and can not afford one but I think he should get one any way...generally I think he is a good guy but constant obnoxious drunks finally pushed the wrong button.
I asked him why he thought police work would be any different but he says "at least he would be locking those folks up" and when they skip paying the fare he can't do anything about it

 

[FTF]

Misdemeanors do not affect RKBA. As long as it's classified as a misdemeanor and punishable by less than two years.

Violent or forcible misdemanors, whatever your jurisdiction calls them could very likely have an effect on CCW in many states... from outright disqualification, to 3-5-10 years before you can get one. I'm sure it's not an issue in all states, but in most, I venture to say it does make a difference.

I don't know about police work... doubt they'll take it lightly.

Tell your peep to hold his temper. Whacking a chick in the knees with a maglight is generally not a good idea unless she's about to stab you or something.

 

[johnny blaze]

I think that the police department will look at this pretty hard. They do not want officers that might take a mag light or a baton to someone or possibly draw down on someone over a minot thing.
Anger management is good, but you really have to get to what is really making
this guy go off.
I cannot imagine using a mag light on someone for not paying a fare.

 

[mp510]

I think this guy should avoid being a cop regardless of whether he is eligiblie or noe. If you getclubbed with a maglite for not paying a fair, what happens to a suspect who attempts to flee on foot, or somebody whop spits in your face. Cops have to deasl with plenty of drunks as well. Look at the police blotter in the newspaper- nearly everything involves booze: DUI, public intox, underage posession or use, etc.... and then there is the drug users.

I'm glad he is taking the anger management courses. Hopefully the techniques he learns will keep him away from the wrong side of the bars.
Hopefully, he can get the entire incident cleared up with some sort of accelerated rehabilitation or something. Remember, just because he is poor, does not mean he needs to go lawyerless. As the rights that the accused are read include something to the effect of:

you have the right to an attorney. if you can not afford an attotrney, one will be provided for you.

He can get a public defender. May not be the best lawyer, but it is something if he can't get ANYBODY else. Remember, the public defender still needed to pass the bar exam.

I don't know if what he faced is a disqualifier in NV or not, sorry

 

[Cosmoline]

Misdemeanors do not affect RKBA

WRONG!

Tell your friend to get some proper legal advice. In point of fact, several kinds of misdemeanors can effect the RKBA. Many states bar CCW licenses if you've had more than a certain number. Moreover federal law removes your RKBA just like a felon if you've been convicted of one with a POTENTIAL sentence over a certain amount, even if you never serve a day. And of course DV related convictions will often lead to termination of the RKBA just like a felony would.

she bolted from the cab without paying , he caught her there was a fight
and he whacked her on the knees with a big mag light.

Really stupid.

 

[Biker]

Simple battery wouldn't normally affect much in these parts, but whacking a woman in the knees with a mag-light after chasing her down might.

That just wasn't bright.

Biker

 

[beerslurpy]

How the hell do you strike someone in the knees during a fight unless they somehow knocked you off your feet. Something fishy here. Who was the impartial witness? A friend of the woman?

 

[Biker]

In my years as a bouncer, I'd often drop to one knee to whack at another mofo's knees with my mag-light when required. They don't expect it which makes it a good thing...for me.

Biker

 

[mp510]

Moreover federal law removes your RKBA just like a felon if you've been convicted of one with a POTENTIAL sentence over a certain amount,

If the max sentence is more than 1 year, the feds say he's prohibited.

 

[FTF]

If the max sentence is more than 1 year, the feds say he's prohibited.

Prohibited persons.

1 Convicted of/under indictment for a crime punishable by imprisonment for a term exceeding one year, whether or not sentence was imposed. This includes misdemeanor offenses with a potential term of imprisonment in excess of 2 years, whether or not sentence was imposed

You can be convicted of a crime punishable by up to two years... as long as it was classfied as a misdemanor in the state in which convicted. One year is not the 'golden rule'.

 

[Kilrain]

In California..........

a "simple" battery bars a person from possession of a firearm for 10 years:

12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, of the State of California, or any
other state, government, or country, or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, who owns, purchases, receives, or
has in his or her possession or under his or her custody or control
any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9,
646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034,
Section 12040, subdivision (b) of Section 12072, subdivision (a) of
former Section 12100, Section 12220, 12320, or 12590, or Section
8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, or of the conduct punished in
paragraph (3) of subdivision (g) of Section 12072, and who, within 10
years of the conviction, owns, purchases, receives, or has in his or
her possession or under his or her custody or control, any firearm
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms prescribed by
the Department of Justice, shall notify the department of persons
subject to this subdivision. However, the prohibition in this
paragraph may be reduced, eliminated, or conditioned as provided in
paragraph (2) or (3).

242 PC is as follows:

242. A battery is any willful and unlawful use of force or violence
upon the person of another.

California sucks........I know, I live here.

 

[mljdeckard]

In Utah, it must be a violent felony. BUT, if that woman had been his spouse or girlfriend instead of a fare, that would make it a crime of domestic abuse, whether or not it was a felony, it would put his CCW status into question.

But honestly, I'm thinking, if this was a first offense, the charge will be reduced or dismissed. GET A LAWYER. I cannot promis it will be cheap. I absolutely can promise that NOT getting a lawyer will be ezpensive.

 

[Gunfire]

We can't over-emphasize, make him get a lawyer. Get a loan, something, but get a lawyer for ANY court situation. Alot of people have their rtba revoked, permanently now since the unconstitutional lautenburg act of 1997, because they don't get a lawyer for the 'civil' restraining orders because they REALLY didn't do anything. They get railroaded by the 'what if future' police and the 'thought' police because.....'it's only 'civil', they don't need proof, hearsay, glad to have it, strawman, bring it on. This will eventually lead to a dv conviction, if they are vindictive enough. Your lawyer is the only one that is even remotely interested in your best interests. Get one, it's cheaper in the long run. He might plead it down to a lesser crime. Wouldn't he rather have disorderly conduct than battery?

 

[Thin Black Line]

Any battery, assault, weapon violation (whether felony or misdemeanor
or the charge "sticks") affects entry into LE and any position which requires
a clearance. It does not necessarily disqualify a person, but is frowned
upon. The general attitude in LE is that if you were ever charged with
anything, you must've been doing something wrong at some point.....

 

[gunsmith]

I've passed on the info & thanks guys

This guy was to wired on coffee and stressed
about bills and such, and day after day of
getting insulted, spit on and cheated by drunks
simply got to be to much, he is looking at other kinds of work
and is seeking help at a Christian Church.
He likes people and has been the only other guy
at my cab co to respond positivly to offers
of going shooting. He had his CCW permit on him but
didn't have a gun on him at the time of the incident (probably better that he didn't) & he overheard
a cop saying "we don't have to worry about him , he already passed
a background check"

Who was the impartial witness? A friend of the woman?

He seems to think the "witness" was in "cahoots" with the hooker/stripper girl.
he has no direct evidence that she is a "working girl" but most gals in the part of town he was in @ 3am are