Did Mike Montgomery Commit A Battery

Last week, University of California Basketball Coach Mike Montgomery pushed a player. The confrontation happened during a timeout early in the second half of Cal’s 76-68 win over USC. Mike Montgomery yelled at star guard Allen Crabbe for nonchalant play and then shoved him in the chest with both hands. The crux of whether a crime was committed lies in why Montgomery pushed his player. In order for a battery to have occurred, the push must have been completed in a ‘harmful or offensive manner.’ ‘The slightest touching can be enough to commit a battery if it is done in a rude or angry way.’ (CALCRIM JURY INSTRUCTION 960).

In other words, not all touchings are batteries. For instance, if you slap a friend on the back as a way to say, “hello”, the act was not done in a harmful or offensive manner. The key words here are ‘harmful’, ‘offensive’, ‘rude’ or ‘angry’. View the video yourself and see if Coach Montgomery acted in a way which could get him prosecuted. More information and the potential penalties for criminal battery can be reviewed at The Law Offices of Ross Green.