Can I get charged for punching my roommate, even though she gave me her permission?

We got into an argument and I told her I needed to be alone because I felt my anger rising and did not want to do anything stupid. She followed me, and continued to pound on my door and yell at me. I warned her multiple times through the door to leave me alone or I might hit her. I eventually opened the door and warned her again. She said, “hit me then.” So I did. Can she press charges even though I warned her and she gave me her permission? She was not seriously injured, and there were no marks left behind.

Asked on March 8, 2012 under Criminal Law, California

Answers:

Richard Southard / Law Office of Richard Southard

Answered 8 years ago | Contributor

You must be cautious as the specific details you post in a public forum such as this are not privileged or confidential and could potentially be used against you.  You may certainly be charged as you have admitting punching her.  Whether you can be convicted is another question. Her telling you to "hit me then" could easily be viewed as a taunt, or an attempt to provoke. I wouldn't think that a jury would necessarily view that as "consent" 


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