Speaking Point: 1) Under California Penal Code Section 242, “A battery is any willful and unlawful use of force or violence upon the person of another.” There are exceptions involving justifications and/or excuse such as: self defense or defense of others.
Speaking Point: 2) The alleged misdemeanor battery charges against Justin Bieber may vary depending if there were any aggravating or mitigating circumstances. For example, did the photographer initiate any shoving? Was Justin acting in self-defense? Did the photographer falsely imprison Justin Bieber by blocking Bieber’s car with his car?
Speaking Point: 3) California Penal Code Section 236 defines False Imprisonment as “the unlawful violation of the personal liberty of another.” Accordingly, Justin Bieber’s defense team may argue the paparazzo falsely imprisoned Justin Bieber when he allegedly blocked Bieber’s car to obtain photographs of the music star. Consequently, Justin Bieber was acting in self defense.
Speaking Point: 4) The Los Angeles County D.A.’s office is investigating the matter and will definitely want to interview Justin to hear his side of the story. But, they will have to wait until he arrives stateside from his promotional jaunt in Norway.
Speaking Point: 5) Of course, this timely incident coupled with his promotional tour will probably boost Bieber’s record sales. Great publicity for Bieber as looks to expand his fan base.
Speaking Point: 6) Even if Bieber is arrested and found guilty of the misdemeanor battery charge, then the maximum jail time would be six (6) months in county jail. California Penal Code Section 243(a) states “a battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.”
Speaking Point: 7) Justin has no priors, so, he would probably be placed on probation in a worse case scenario. And, as we have seen with other celebrities, presumably it is safe to speculate that due to overcrowding in the LA county jail, Bieber would not spend a single day in jail.
Speaking Point: 8) On the civil side, the paparazzo may file a lawsuit involving charges such as assault, battery, intentional infliction of emotional distress. In a civil suit, the remedy is usually the payment of money. So, here, the paparazzo would have to prove that the defendant is liable for damages he allegedly suffered as a victim of the assault (e.g.- medical bills, loss of earnings, camera equipment damage, etc.)
Speaking Point: 9) Of course, if Justin Beiber quickly settles the civil matter with the paparazzo, then the paparazzo will most likely withdraw his criminal complaint which means the D.A.’s office will not pursue the case.
Speaking Point: 10) End Result: This case will probably disappear, and of course, Justin Bieber's music sales will probably skyrocket due to his new "street cred" and fan base.